Circuit Bench Asansol

StateCommission

CC/6/2020

M/S TESCON AND ANOTHER - Complainant(s)

Versus

The Manager,UBI,Barjora Branch & another - Opp.Party(s)

Shobhantanu Bhattacharyya

04 Mar 2020

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Complaint Case No. CC/6/2020
( Date of Filing : 28 Feb 2020 )
 
1. M/S TESCON AND ANOTHER
A Partnership Fdirm,having its Registered lOffice at Schooldanga,Vill & P.S.Barjora,District-Bankura,Pin-722202
2. Sri Sisir Nandi,
One of the Partners of the Firm,residing at Schooldanga,Vill & P.S.Barjora,District-Bankura,Pin-722202
...........Complainant(s)
Versus
1. The Manager,UBI,Barjora Branch & another
P.O. & P.S.Barjora,District-Bankura,Pin722202
2. The Chief Regional Manager,UBI,Purulia Region,
Sasadhar Ganguly Road,Rajabandh Para,District-Purulia,Pin-723101
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDING MEMBER
 HON'BLE MR. ASHIS KUMAR BASU MEMBER
 
For the Complainant:Shobhantanu Bhattacharyya, Advocate
For the Opp. Party:
none
 
Dated : 04 Mar 2020
Final Order / Judgement

Hon’ble Mr. Kamal De, Presiding Member

Order No. : 01

Date : 04.03.2020

Complainant is present through Ld. Lawyer.

The case is taken up for admission hearing.

Seen the petition of complaint and Xerox copies of the documents filed thereto.

It appears that the complainant No. 1 is a partnership farm and complainant No. 2 is one of the partners of the partnership farm.

It also appears that the subject matter of the dispute relates to cash credit account and term loan for the purpose of procurement of different machineries equipments purchased from the seller/dealers and the payment etc.

The relief claimed is for the rectification of the cash credit account and adjustment of the aggregate amount of interest charged and received under the cash credit account with the EMIs payment of term loan account, against the OP - Bank.

We find that relation between the complainant and the OP Bank is that of a debtor and creditor. Moreover, OP company is a commercial partnership farm and is not a consumer as understood and/or defined under Consumer Protection Act.

We are afraid the case is not maintainable in Consumer Protection Act.

Hence,

                                                   ORDERED

The case be and the same is dismissed being not maintainable in Consumer Protection Act. 

 
 
[HON'BLE MR. KAMAL DE]
PRESIDING MEMBER
 
 
[HON'BLE MR. ASHIS KUMAR BASU]
MEMBER
 

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