COMMON ORDER UNDER CC/19/190, CC/19/191,CC/19/192

As the facts of the matter and relief sought in all the above complaints is similar we pass common order.  From perusal of documents filed in the complaint, it can be seen that the vehicle purchased on loan is a Goods Carrier and the type of loan availed is construction equipment loan, which prima-facie appears to be a commercial transaction. The value of each loan transaction is Rs.27,00,000/- plus which is further beyond the pecuniary jurisdiction of this Forum.  Also total loan availed by Complainant cumulatively in three complaint is Rs.83,89,275/- which again prima facie appears to be a commercial transaction, which does not fall within the purview of Consumer Protection Act.  Complainant has also relied on case law of the Apex Court.

a) ICICI Bank Ltd Vs.Prakash Kaur & Ors., Civil Appeal No.267 of 2007 but the ratio decidendi is not favouring the Complainant.

b) CitiCorp Maruti Finance Ltd.Vs.S.Vijayalaxmi, Civil Appeals no.971 of 2011 with908.9712-16 of 2011, but the ratio decidendi is not favouring the Complainant.  From arguments of the counsel for Complainant, the present complaint has arisen out of default of repayment of loan, and the recovery process initiated thereafter by O.P. Bank, which does not fall within the purview of C.P.A. Learned Counsel has not shown to this Forum, how the actions of the O.P. Bank would fall within purview of deficiency of service or unfair trade practice.

Under the circumstances, we do not find any merit in the three complaints, and cannot admit the same complaints, all three of them, stands dismissed, as there is no sufficient grounds for admission.