In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.415/2010

1)                  Subodh Kumar Singh,

S/o. Sri Nandu Singh,

62/10, D.H. Road, Kolkata-23                                                               ---------- Complainant

---Versus---

1)                  The Manager, United Bank of India,

Mominpur Branch,

41, Ekbalpur Road, Kolkata-23                                                               ---------- Opposite Party

Present :          Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   19    Dated   27/09/2012.

            The petition of complaint has been filed by the complainant Subodh Kumar Singh against the o.p. United Bank of India. The case of the complainant in short is that complainant is a over draft account holder of o.p. viz. United Bank of India, Mominpur Branch, Kolkata-23 being account no.0339210006502 against deposition  of Post Office Fixed Deposit Certificate. Further case of complainant is that in order to develop his business tried to open another over draft account, complainant applied a loan of Rs.1,50,000/- and deposed Post Office National Savings Certificate of Rs.1 lakh in the office of o.p. on 27.10.10 as security. Complainant then applied or deposed a letter to the office of o.p. to remain of loss of business due to delay of service of over draft in the name of complainant’s business as SONIA ENTERPRISE and complainant prayed to sanction the said over draft  account within three days and/or surrender of incapability of service of o.p. and/or return the security of fixed deposit certificate and also complainant uttered his los of worth of Rs.99,900/- of his business in the said letter dt.26.11.10. In spite of claims on several occasions of complainant, o.p. did not reply and/or return the said Post Office National Savings certificate to complainant till filing of this case and for that complainant is unable to try to get the loan from other bank concern and complainant suffers a loss of worth  Rs.99,900/- in his business and whereas the said loan of complainant is urgency. Hence the case was filed by complainant for redressal.

            O.p. had entered his appearance in this case by filing w/v and denied all the material allegations labeled against him. Ld. lawyer of o.p. in the course of argument submitted that complainant has got no basis and the case is liable to be dismissed.

            Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find from para 1, 2 and 3 in particular of the petition of complaint that the over draft account no. of the complainant i.e. account no.0339210006502 was for the development of his business and such complainant cannot be construed as consumer within ‘as defined u/s 2(1)(d) of the Consumer Protection Act, 1986’. That apart, there is no document on record that o.p. deposited Post Office National Savings certificate of Rs.1 lakh as security as against the said over draft loan account.

            In view of the above position and on perusal of the entire materials on record we are of the views that complainant cannot be consider as consumer as defined in the said Act and is not entitled to relief since the over draft account was for commercial purpose vide para 1, 2 and 3 of the petition of complaint.  

            Hence, ordered,

            That the instant complaint case no.415 of 2010 stands dismissed on contest without cost.

            Supply certified copy of this order to the parties free of cost.