Haryana

Karnal

CC/424/2023

Rishi Pal - Complainant(s)

Versus

The Loan Manager, Indusind Bank Limited - Opp.Party(s)

S.N. Bhardwaj

02 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                          Complaint No. 424 of 2023

                                                          Date of instt.01.08.2023

                                                          Date of Decision 02.08.2023

 

Rishi Pal @ Sher Singh Nehra, owner/proprietor of Nehra Motors, SCO-1, DC colony, NH-1, Devi Lal Chowk, Karnal (Haryana) at present G.T. Road, Gharunda, District Karnal.

 

                                                 …….Complainant.

                                              Versus

 

The Loan Manager, Indusind Bank Ltd. Meera Ghati, Karnal.

 

                                                                     …..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…..Member

 

 Present: Shri S.N. Bhardwaj, counsel for the complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is having the agency of tractor ACE and the agency is known under the name and style of Nehra Motors, SCO 1, D.C. Colony, G.T. Road, Karnal. One Ravikant had purchased a tractor ACE-550 NS from the agency of the complainant and the bank of OP has sanctioned loan of Rs.4,50,000/- on 28.01.2019 in favour of Ravikant. Out of the said loan amount of Rs.4,50,000/-the OP has kept Rs.45000/-as RC hold and further assured that the said amount would be transferred/paid in the account of complainant Nehra Motors as and when the Registration Certificate of the tractor would be provided by the agency of the complainant in the bank of OP. The complainant’s agency got issued the R.C. of the abovesaid tractor from Registering Authority/SDM Jagdhari and requested the bank of OP number of times for the payment of abovesaid amount of Rs.45,000/- but no fruitful served. Then complainant sent a legal notice dated 06.01.2023 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             Arguments on the point of admissibility heard. Record perused.

3.             As per version of the complainant, he is having the agency of ACE tractor. One Ravikant had purchased a tractor from the agency of the complainant and the bank of OP has sanctioned loan of Rs.4,50,000/- on 28.01.2019 in favour of Ravikant. Out of the said loan, the OP has kept Rs.45000/-as RC  and  assured that the said amount would be transferred/paid in the account of complainant as and when the Registration Certificate of the tractor would be provided by the agency of the complainant in the bank of OP. The complainant’s agency got issued the R.C. of the abovesaid tractor from Registering Authority/SDM Jagdhari and requested the bank of OP number of times for the payment of abovesaid amount of Rs.45,000/- but OP did not pay the same.

4.             The first question arises for consideration as to whether complainant falls under the definition of ‘consumer’ or not as defined in the Consumer Protection Act, 2019?

5.             The consumer is defined in Section 2 sub section 7 of the Consumer Protection Act, 2019, which is reproduced as under:-

(7) “Consumer” means any person who-

(i)     buys any goods for a consideration which has been paid or promise or partly paid and partly promises, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.” or

(ii)    hires or avails of  any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who(hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.

Explanation- For the purposes of this clause-

(a)    the expression “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment.”

(b)    the expressions “buys any goods” and “hires or avails any services” include offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

 

In the present complaint, complainant himself admitted that he is having the agency of tractors. Complainant nowhere mentioned that he is running the said agency for earning his livelihood. The business of complainant is of commercial in nature. Hence the complainant does not fall under the definition of Consumer, as defined in section 2(7) of the Consumer Protection Act, 2019.

6.             The next question arises for consideration is that whether the present complaint is well within period of limitation or not?

7.             Limitation for filing a complaint has been described under Section 69 of Consumer Protection Act, 2019 which is reproduced as under:-

1. The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

8.             As per aforesaid Section of Consumer Protection Act, the limitation for filing a complaint is of two years from the date on which the cause of action has arisen. In the present complaint, Ravi Kant had taken the loan from the OP bank on 28.01.2019 and RC was prepared by the concerned authority on 24.07.2019. During the period from 24.07.2019 to 06.01.2023, there is no correspondence between the parties. Only by serving the legal notice does not mean to extend the limitation for filing the complaint. Moreover, there is no separate application, on the file to condone the delay or has not made prayer for condonation in the complaint and no sufficient cause has been shown by the complainant for not filing the complaint within limitation period. The cause of action has arisen in the year 2019 but complainant has filed the present complaint in the year 2023 i.e. after the gap of more than four years. Hence, as per the provision of Section 69 of Consumer Protection Act, 2019 the present complaint is also hopelessly time barred.

9.             Thus, in view of the above discussion, the present complaint is not maintainable and same deserves to be dismissed and same is hereby dismissed. Party concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 02.08.2023

 

  President,       

           District Consumer Disputes                          

Redressal Commission, Karnal.

 

                      (Vineet Kaushik)          (Dr. Rekha Chaudhary)           

                          Member                           Member