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e) As to whether the allegations of tempering of documents, forgery, fabricated documents and fraud committed by the Bank with regard to OTS/NPA can be adjudicated by this Commission or not?

21. With regard to the issue of limitation, the Complainant had constantly been corresponding with the Bank/OPs No.1&2 which proves that it was the continuous cause of action. Therefore, no interference is required by us qua the issue of limitation.

22. To deal with the issue whether the Complainant is a Consumer or not, we have perused the contents of Complaint of the Appellant/Complainant wherein, it has been observed that the Complainant was dealing with the Respondents/OPs No.1&2 for a commercial purpose. He had availed Cash Credit Limit and Term Loan from them for his business. A thorough perusal of the contents of the Complaint shows that nowhere the Complainant has mentioned that the alleged act of OPs had adversely effected his livelihood as enshrined in the provisions of the CP Act. He has just mentioned in the Complaint that the allegedly guilty officials of the Bank/OPs had caused wrongful monetary loss to the Complainant. Said allegations clearly do not fall under the definition of Consumer as defined under Section 2 of the CP Act. The relevant portion of the section reproduced as under:-

26. With regard to the allegations of tempering of documents, forgery, fabricated documents and fraud committed by the Bank in matter of the Firm of the Complainant being declared as Non-Performing Asset (NPA), it cannot be adjudicated by this Commission. After the declaration of Firm as NPA subsequently One Time Settlement (Ex.C-11) was reached by the family of the Appellant/Complainant with the Bank, wherein it had clearly been mentioned that nothing was due to the bank in account No.3463008700637434 in the name of M/s Guide International (EW). The allegations levelled by the Appellant/Complainant in the case in hand are of criminal in nature and cannot be adjudicated by this Commission as per the mandate of CP Act. Moreover there are Appellate authorities which can adjudicate matters of NPA. The Appellant/Complainant has not approached the right Forum in this context.