Haryana

StateCommission

RP/25/2021

BELL FINVEST INDIA LTD. - Complainant(s)

Versus

DAVENDER KUMAR - Opp.Party(s)

DISHANT RISHI

16 Jan 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

  Date of Instituion:24.01.2021

                Date of final hearing:16.01.2023

                                                Date of pronouncement: 03.02.2023

 

Revision Petition No.25 of 2021

 

IN THE MATTER OF

 

Bell Finvest India Ltd., its Managing Director through its Authorized Representative Shahnawaz Shaikh, 103, Mittal Chambers, Nariman Point, Mumbai (Maharashtra) 400021.

                                                                                      .….Petitioner

Through counsel Mr. Dishant Rishi, Advocate

 

Versus

 

Devender Kumar s/o Sh. Jagdish Chander, R/o Village Dadupur Roran (43), Near Old Age Home, P.O. Sirsi, Karnal, Haryana-132001.

….Respondent.

 

CORAM:   S.P.Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Dishant Rishi, counsel for the petitioner.

 

O R D E R

S. P. SOOD, JUDICIAL MEMBER:

           

                    Present Revision Petition is preferred against the order dated  18.08.2021 in Consumer Complaint No.81 of 2021, passed by the learned District Consumer Disputes Redressal Commission, Karnal, vide which the application for dismissal of the complaint as the complainant does not fall under the category of consumer, filed by the opposite party (present petitioner) was dismissed.

2.                The arguments have been advanced by Mr. Dishant Rishi, learned counsel for the petitioner. With his kind assistance the revision petition has also been properly perused and examined.

3.                While unfolding his arguments it was argued by Mr. Dishant Rishi, learned counsel for the petitioner that present respondent-complainant has obtained a loan facility of Rs.7,00,000/- from the present petitioner and mortgaged a house which was the ownership of his wife. Firstly, an amount of Rs.2,50,000/- was released in the bank account of complainant out of Rs.7,00,000/- in terms of the agreement, but the complainant-respondent could not repay the loan installments as per repayment schedule. Later on, abovementioned consumer complaint was filed by the respondent-complainant before learned District Commission, upon which present petitioner appeared on 06.07.2021 and filed the application for dismissal of the complaint on the ground that the complainant did not fall under the definition of consumer. He further argued that learned District Commission vide its order dated 18.08.2021 dismissed the said application of petitioner without appreciating the fact that the loan facility was obtained by complainant for commercial purposes and complainant did not fall under the definition of consumer. Therefore, the order dated 18.08.2021 deserves to be set-aside and present revision petition may be allowed.

4.                The main plea taken by learned counsel for petitioner is that the complainant did not fall under the definition of Consumer as per Section 2 (7) of Consumer Protection Act. In this regard, we are of the considered view that admittedly, loan facility was obtained by the complainant for his business and earning his livelihood, being so he became a consumer vis-a-vis of OP as per Section 2 (7) of the Consumer Protection Act, 2019 and was thus covered under the definition of consumer. We see that the learned District Commission is a Tribunal which can well said to be a quasi judicial body based on facts and law which of course is to decide summarily. We do not see any reason for the petitioner to slam the door for setting aside such like orders. In view of the above submissions and careful perusal of the entire record, it is true that the application filed by the petitioner seeking dismissal of the complaint was rightly dismissed by learned District Commission vide order dated 18.08.2021. Present petitioner-OP is not going to suffer any irreparable loss by rejecting its abovementioned application. Hence, the present revision petition stands dismissed and order dated 18.08.2021, passed by learned District Commission, Karnal does not call for any interference hence endorsed.

5.                Original record as well as copy of this order be sent to the learned District Commission, Karnal.

6.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

7.                File be consigned to record room alongwith a copy of this order.

 

Pronounced on 03^rd February, 2023                                                                                                                                                                                              S.P.Sood

                                                                                                            Judicial Member                                                                                                                   Addl. Bench              

 

         

                                                                                                            S.C. Kaushik                                                                                                                          Member                                                                                                                                  Addl. Bench