Haryana

Karnal

CC/226/2024

Ram Niwas - Complainant(s)

Versus

The Manager, Punjab National Bank - Opp.Party(s)

Devinder Singh Chaudhary

09 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 226 of 2024

                                                          Date of instt.07.05.2024

                                                          Date of Decision:09.05.2023

 

Ram Niwas son of Shri Mange Ram, resident of village Sita Mai, District Karnal. Aadhar no.3070 2493 1885. Mobile no.9896199571.

 

                                                                 …….Complainant.

 

                                              Versus

 

The Manager, Punjab National Bank, Nilokheri, District Karnal.

 

                                                                    …..Opposite Party.

 

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

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik ………..Member

      Dr. Suman Singh…Member

 

 Present: Shri Davinder Singh, counsel for the complainant.

                                        

                (Dr. Suman Singh, Member)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is inhabitant of village Sitamai District Karnal and is worshiper of Prachin Sitamai Mandir, District Karnal. The Sitamai Mandir Karnal is having its account no.3269000100156942 with Punjab National Bank, Nilokheri. Previously the said Mandir was under the Government Committee and now the same has been handed over to private committee. The said Mandir is for worshipers of public as well as inhabitants of village. All the inhabitants of village are having right to take all kinds of information regarding the said Mandir. Complainant needs the statement of account of Sitamai Mandir since 01.04.2021 till date. The complainant visited the office of OP and demanded the statement of account of said Mandir but OP did not supply the same and lingered the matter on one pretext or the other. Then complainant sent a legal notice dated 15.04.2024 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.

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

4.             The consumer is defined in Section 2(7) of the Consumer Protection Act, 2019, which is reproduced as under:-

2(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;

5.             In the present complaint, the complainant on personal basis is seeking the information with regard to account of Sitamai Mandir. Neither the complainant has paid any consideration to the OP nor is a user of any services from the OP. There is nothing on record to show that, who has authorized the complainant to seek this information. Hence the complainant does not fall under the definition of Consumer, as defined in section 2(7) of the Consumer Protection Act, 2019.

6.             Keeping in view the above discussion, the present complaint is not maintainable and deserves to be dismissed and the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:09.05.2023

                                                                President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)  (Dr. Suman Singh)

                           Member                  Member