CC: 283/2022

DATED:06.10.2022

ORDERS ON MAINTAINABILITY

Heard the counsel for the complainant.

This complaint is for the relief of directing OPs to issue No Due Certificate after collecting the EMI’s for the month of October 2022 and November 2022 and to activate his credit card and for compensation for mental agony and litigation expenses.  It is contended in the complaint itself that the complainant is having a current account with OPs namely the HDFC Bank and he has been doing readymade garments business and has obtained business loan from OP-3 bank to the extent of Rs.4,34,292/- to be payable in 36 monthly installments. Due to COVID situation he could not pay the EMI for about 5 months and that he is entitle for moratorium period. 

When the averments of the complainant to the effect that, he is a businessmen doing business in Readymade Garments and that he had obtained a business loan of Rs.4,34,292/-, this matter is entirely and purely of business in nature.  As per Section 2(7) of the Consumer Protection Act is:

2(7)"consumer" means any person who—

1. Buys any goods / hires or avails 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 user of such goods other than the person who buys such goods / hires or avails services 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 / hires /avails for resale or for any commercial purpose.   
2. Hires or avails of any service 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 service other than the person who hires or avails of the services for consideration paid or proised, 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 service for nay commercial purpose.

Explanation. – For the purpose of this clause.-

1.  The expression “commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;
2. The expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.”

Complaint regarding any business transaction is out of the purview of the Consumer Protection Act.  When such being the case, this commission has no power to entertain this complaint. Hence THIS COMPLAINT IS DISMISSED AS NOT MAINTAINABLE.

MEMBER                 MEMBER              PRESIDENT