West Bengal

Rajarhat

CC/126/2023

Sri Ashok Biswas, S/o- Lakshmikanta Biswas - Complainant(s)

Versus

The Manager, Bajaj Finance Limited - Opp.Party(s)

In Person

04 May 2023

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/126/2023
( Date of Filing : 13 Apr 2023 )
 
1. Sri Ashok Biswas, S/o- Lakshmikanta Biswas
VILL:- Balia Purbapara , P.O.- Balia , P.S.- Chakdaha, Dist- Nadia, West Bengal, Pin- 741223
...........Complainant(s)
Versus
1. The Manager, Bajaj Finance Limited
12th Floor, Infinity Benchmark, Kolkata, Sector-5, Saltlake, P.O.- Nabadiganta, P.S.- Electronic Complex, Kolkata- 700091, West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Gurudas Guin MEMBER
 
PRESENT:
 
Dated : 04 May 2023
Final Order / Judgement

Order No. 03

The authorized representative of the complainant Samanwaya Sil is present in person.

Perused and considered the complaint application.

Heard the authorized representative of the complainant.

The case of the complainant is that he is a regular consumer of Bajaj Finance Ltd. (vide Consumer ID No. 5M5 BLSFE602625.

The complainant carries a business of fish feed as such, he took loan from the opposite party to the tune of Rs. 8,29,000/- (Rupees eight lakh twenty nine thousand)only for the purpose of his business in the Month of September, 2019 on mortgaging his deed of ownership.

The complainant paid EMIs of the loan except 5 (five) months EMI during the Lockdown of Covid – 19 period. Thereafter the opposite party advised him to pay Rs. 5,00,000/- (Rupees five lakh) at a time towards full and final payment and assured the deed of ownership will be released from mortgage.

Inspite of payment of Rs. 5,00,000/- (Rupees five lakh), the opposite party did not return the deed of ownership to him.

On the other hand, the complainant received a legal notice dated 02.08.2022 from where he came to know that the opposite party already sold and transferred the securities to Kotak Mahindra Bank Ltd. vide a instrument dated 30.03.2022 and further demanded a sum of Rs. 5,63,780/- (Rupees five lakh sixty three thousand seven hundred eighty) from the complainant. Hence, this case.

It is apparent on the face of the record that the complainant has taken a loan from the opposite party for sum of Rs. 8,29,000/- (Rupees eight lakh twenty nine thousand) only for the purpose of running his fish feed business. The said loan availed by the complainant is totally for the purpose of using the same in his business for generating profit.

In view of the above, it is crystal clear that the complainant is not a consumer in terms of the Section 2(7) of the Consumer Protection Act, 2019.

Therefore, the instant consumer case is not maintainable in law and liable to be rejected.

Hence, it is,

Ordered

         that the complaint case be and the same is dismissed as not maintainable in law.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Gurudas Guin]
MEMBER
 

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