NCDRC

NCDRC

RP/1031/2014

SANTANU BARUA - Complainant(s)

Versus

THE MANAGER INDUSIND BANK LTD. - Opp.Party(s)

NR. KUNAL CHATTERJI

19 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1031 OF 2014
 
(Against the Order dated 01/11/2013 in Appeal No. 279/2013 of the State Commission West Bengal)
1. SANTANU BARUA
S/O S.B BARUA, OF ASHOKA SEN NAGAR, 'C' BLOCK ROAD, FLAT NO-207, P.O SODEPUR, P.S GHOLA' DISTRICT: NORTH 24 PARGANAS
KOLKATA
W.B
...........Petitioner(s)
Versus 
1. THE MANAGER INDUSIND BANK LTD.
FLAT NO-2D, 2ND FLOOR, 41 SHAKESPEARE SARANI,
KOLKATA - 700017
W.B
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Kunal Chatterji, Advocate
For the Respondent :

Dated : 19 Feb 2014
ORDER
PER JUSTICE J.M. MALIK

 

1.      Counsel for the  petitioner  present.  Arguments heard.  Both the Fora below have come to the conclusion that the petitioner/ complainant, Santanu Barua, had purchased the vehicle for commercial  purpose.  In the  instant Revision Petition, the counsel for   the petitioner  has invited our attention towards the grounds of the appeal.  The relevant para is reproduced here as under:-

“i)The complainant/appellant is a consumer having the vehicle as his only source of earning by means of self- employment which was considered as the outset while the case was heard on admission hearing”.

 

2.      This appears to be a mis-leading argument.  The petitioner hems and haws and comes out on both sides of questions.  One cannot ride  both  the  horses at one time.  The complaint itself clearly, specifically  and  unequivocally mentions that:

“the complainant has been running Transport Business in and around of Kolkata, for the last 10 years and in course of the business of complainant  hypothecation  to purchase vehicles from any financial institution”.

 

3.      There  is  a certain  aura  of  inconsistency.  Being a commercial  transaction, the  consumer  fora  have rightly refused to arrogate to themselves those powers  with which those are not armed.  

 

4.      Otherwise too,  the facts, on merits, are very clear.  Petitioner had obtained a  loan.  He defaulted  the  same. Pre-possession notice  dated 14.08.2012 was sent to him on 17.08.2012.  All the legal formalities were performed.   There is  no deficiency on the part of the OP.

5.      No ground.  Case is therefore, dismissed.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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