Order No.2                                      Dated:16/01/2023           

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused and considered the petition of complaint.

Ld. Advocate for the complainant submits that the complainant was running her two businesses for the purpose of her livelihood by means of self employment. In the year 2012 the complainant took CC loan of Rs.23.00 Lakh and another CC loan of Rs.12.00 Lakh from the Punjab National Bank (formerly known as United Bank of India) the opposite parties herein. The Ld. Advocate for the complainant further submits that the said two businesses were running by son of the complainant namely Suman Mallick who died in the month of August, 2019. After demise of Suman Mallick, the said two businesses fallen down and as a result the complainant could not repay loan  installments to the opposite parties in time. The complainant is aged about 68 years, suffering from various diseases and having various physical problems could not repay the loans. As such, both the CC accounts have been declared by the opposite parties as NPA on 31/07/2019 and 30/12/2020 respectively. It is further stated that the opposite parties have filed Misc. Application No.73/2022 before the Chief Judicial Magistrate, Bankura and the date of hearing is on 13/12/2022. Complainant wants to make payment of the principal loan amount by installments but as both the loan accounts have been declared as NPA by the opposite parties, it is not possible for her to deposit loan amount in the accounts, hence, this case.

On scrutiny of the complaint, it appears that the complainant stated in paragraph 2 of her complaint, she runs her businesses for the purpose of earning her livelihood ‘by means of self employment’ but from paragraph 5  and paragraph 7 it is crystal clear that both the CC Loans were taken by the complainant for running business ‘Mallick Automobiles’ and ‘Mallick Auto parts’ in the year 2012. Both the businesses were being run by her son Suman Mallick who died in the month of August,2019.

The complainant herself stated in her complaint that she is aged about 68 years and has been suffering from various diseases resulting physical problems could not repay the loan. After demise of her son Suman Mallick both the businesses had fallen down.

Nowhere in her complaint she stated that after demise of her son Suman Mallick she is personally running both the businesses herself.

Thereafter, by no stretch of imagination it can be stated that the complainant runs business for the  purpose of earning her livelihood by means of self employment. That a part, the complainant in paragraph 8 of her complaint stated that the opposite parties filed Misc. Case No.73 of 2022 before the Chief Judicial Magistrate, Bankura and the date of hearing is  fixed on 13/12/2022. Where as the instant case has been filed on 23/12/2022. Moreover, from Annexure-B it appears that the opposite parties/Punjab National Bank has preferred to file an application U/S14 of the Securitization and Reconstruction of Financial Assistance and Enforcement of Security Act, 2002.

In view of the discussion made above, we have no hesitation to hold that the complainant is not a consumer in terms of Section 2(7) of the C.P. Act,2019. The complainant in order to frustrate the Misc. Application U/S14 of SARFAESI Act,2002 filed before the Chief Judicial Magistrate, Bankura, has filed the instant complaint case.

The complaint case is not maintainable under the Consumer Protection Act,2019 As such, the complaint case be and the same is dismissed.