State Consumer Disputes Redressal Commission
R.K. Puri vs Standard Chartered Bank on 9 October, 2013
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision:09.10.2013 First Appeal No.2013/239 (Arising out of Order dated 18.09.2012 passed by the District Consumer Forum(North West) Janak Puri, New Delhi in Complaint Case No.1063/2011) Sh. R.K. Puri, . Appellant /Complainant Proprietor, in person. M/s. Hindustan Ice & Cold Storage, C-25, Lawrence Road, Industrial Area, New Delhi Versus Standard Chartered Bank . Respondent/Opposite Party Bahadurshah Zafar Marg, ITO Branch, New Delhi CORAM Justice Barkat Ali Zaidi President Ms. Salma Noor Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Ms. Salma Noor, Member
1. The complainant is the proprietor of M/s. Hindustan Ice & Cold Storage, had taken loan of Rs.51 lacs from OP No.1, Standard Chartered Bank through an agent OP No.2, Sh. Amit Kumar. The bank deducted in excess fee Rs.14127/- towards processing fee and the complainant therefore filed a complaint before District Forum(West) claiming from OP No.1 alongwith interest @18% and compensation till its realization. Proceedings against the OPs were ex-parte in the District Forum, and the Forum dismissed the complaint of the complainant being hit by section 2(1)(d)(ii) commercial clause of The Consumer Protection Act 1986.
2. That is what brings the appellant/complainant in this appeal before this Commission.
3. We have heard the complainant in person in this appeal.
4. It will appear from the above facts that the only question which needs to be determined in this appeal is whether the loan which is taken by the appellant from the respondent Bank was a commercial transaction within the meaning of section 2(1)(d)(ii) of The Consumer Protection Act.
5. The Consumer Protection Act is a beneficial legislation and any restricted interpretation of the commercial clause in The Consumer Protection Act will not be in conformity with the purpose and objection of the Act. Unless therefore there is clear cut case that the transaction was commercial, Court must lean in favour of the same, if otherwise. If the consumer courts start placing such transaction in the commercial arena the vary protection of The Consumer Protection Act will be frustrated.
6. There is no indication that the complainant/appellant is a limited company, and a person who runs cold storage must be deemed to be carrying on such activities for the personal livelihood. In this view of the matter it would not be appropriate to classify the deal as a commercial transaction.
7. We therefore hold otherwise and remand the case to District Forum for further proceedings according to law. The case may now be transmitted to District Forum(North East) for disposal with the direction that the District Forum (North West) will send the record of original complaint case No.1063/2011 titled R.K. Puri Vs Standard Chartered Bank decided on 18.09.2012 to District Forum (North East) immediately.
8. Parties are directed to appear before District Forum(North-East) on 18.11.2013.
9. A copy of this order be provided to the counsel for the appellant, and a copy of this order be sent to both the District Forum for information and compliance. The file be consigned thereafter to Record room.
Announced on 09th day of September 2013.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member Tri