Order No. 09

Heard the Ld. Advocates on both sides for and against the MA and order on the application would be passed in the late hour of this day.

Later,

MA being no. 138/2022 which has been filed by the Ops alleging that the case is not maintainable in view of Section 2(7)(ii) of Consumer Protection Act, 2019 is taken up for order.

We have adverted to imports of the aforesaid MA and also to the submissions advanced by the Ld. Advocate on both sides. It is apparent on the face of the record that a term loan sanctioned by the OP for business purpose in favour of the complainant is the subject matter of the dispute in between the parties. The letter under which the loan was sanctioned on 08.06.2015 bears a clear mention about “business loan”. Ld. Advocate appearing for the complainant has not agitated this point also. It has been contended by the Ld. Advocate appearing for the Ops that the purpose for which loan was taken was commercial one and Section 2(7)(ii) of Consumer Protection Act, 2019 throws such a case out of ambit of CP Act. The said contention in the light of the CP Act appears to be quite acceptable. Since the case does not come within the ambit of CP Act (vide Section 2(7)(ii) of CP Act)  it is not maintainable at all. No amount of evidence or further material can render the case tenable under CP Act.

Therefore, the MA being No. 138/2022 calls for action.

Hence, it is ordered, that the case be and the same is dismissed for being not maintainable.

There will be no order as to cost.

The complainant would be at liberty to take back the documents he has filed in support of the complaint.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT