Complainant takes no step. OP files hazira.
The record is put up today for passing order in respect of he application of the OP dated 28.04.2017.
Perused the application and the written objection thereto.
The OP has filed this application for dismissal of the case on two fold grounds –
i) the complainant is not a consumer within the scope and meaning of the Consumer Protection Act, 1986.
ii) The Office of the OP/State Bank of India, SME Branch is situated within the territorial jurisdiction of District Jalpaiguri and as such this Forum has no jurisdiction to try the case.
Upon hearing the ld advocates of both sides and on perusal of the case record it appears that the complainant is the proprietor of M/S. Raj Trading Company, manufacturer of mustard oil and pet bottles, packages of mustard oil and other edible oil. The complainant took loan up to the cash credit limit of Rs.1 crore from the OP/SBI, SME Branch, Siliguri. The whole transaction between the parties was commercial transaction and alleged deficiency in service on the part of the OP was connected with commercial activities. So, it is clear that the complainant is not a consumer within the meaning under Section 2 (1)(d) of the Consumer Protection Act, 1986.
Again we find that the office of the OP/SBI, SME Branch, Siliguri is situated at 2nd Mile, Sevoke Road which is under P.S.- Bhaktinagar, Dist.- Jalpaiguri. So, in view of Provision under Section 11 of Consumer Protection Act, 1986, this Forum has no territorial jurisdiction to entertain this case.
Accordingly, the petition dated 28.04.2017 of the OP is allowed on contest.
Hence, it is
O R D E R E D
that the Consumer Case No.7/S/2017 is dismissed.
Let a copy of this order be given to the parties free of cost.
