10.10.2023 Present:- Sh.Ashu Bansal, counsel for complainant.

The complainant has stated in his complaint that he has applied for loan with opposite parties and submitted his documents in Bathinda office as required by them. Later on, his loan application was rejected by opposite parties and opposite parties never returned him documents and all these documents were in their possession. Leter on, the complainant came to know the fact that his name is reflected in Average Below Score at CIBIL regarding the housing loan account bearing No.24500000781. He never stood as a guarantor in favour of anyone. On enquiry, he found that neither his signatures nor his snaps shown by the official of opposite party No.2 are matched with his genuine signatures and real snaps. The loan agreement documents are not genuine and signatures are forged and snaps are fake and entire documents are fabricated and forged that resulted in cheating to the complainant by the officials of opposite parties.

We have heard learned counsel for complainant and gone through the file.

As per section 2(7) of Consumer Protection Act, 2019:-

“Consumer” means any person who -

(i) buys any goods 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 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 for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed or with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.

Explanation:- for the purposes of this clause-

a) the expression 'commercial purpose' does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self employment.”

Thus, this Commission is of the view that the complainant does not fall within purview of 'Consumer' as defined U/s 2(7) of Consumer Protection Act, 2019 as he has neither paid or promised to pay any consideration nor he has requested for any services for consideration. Moroever as per 'Act', procedure of this Commission is summary in nature and this Commission cannot determine whether the signatures and documents are forged or not because these require voluminous evidence and witnesses.

Therefore, keeping in view what has been discussed above, this complaint is dismissed in limini.

Copy of this order be sent to the complainant and file be consigned to record room.

Announced:-

10.10.2023

(Shivdev Singh) (R.L Mittal)

Member President