BIRD MACHINES PVT. LTD. Vs. INDUSIND BANK LIMITED
LAWS(NCD)-2020-1-136
NCDRC
Decided on January 31,2020

Bird Machines Pvt. Ltd. Appellant
VERSUS
INDUSIND BANK LIMITED Respondents




JUDGEMENT

V.K. Jain,J. - (1.) The complainant availed cash credit limit of Rs. 8 crore, term loan of 32.75 lakh, second term loan 150 lakh and WCTL of Rs. 150 lakh making an aggregate of Rs. 1133.39 lacs from the opposite party namely Indusind Bank Ltd. The said credit facilities were sanctioned vide letter dated 6.10.2017. The grievance of the complainant, which is a private limited company, is that the opposite party has made unjustified deductions of Rs. 3,52,189/- towards GST and Rs. 1,956,605/- towards foreclosure charges/processing fee in the statement of account sent to the complainant. The account of the complainant is stated to have been frozen by the bank. Alleging deficiency on the part of the bank in rendering services to it, the complainant is before this commission with the following prayers : 1. Relief in favour of complainant and thereupon opposite parties as such liable to pay Foreclosure charges/processing fee for BBG of Rs. 1,956,605/- and thereafter Tax Invoice on deducted amount, comes and showed as amount of Rs. 23,08,793.90/- and over this amount of GST Rs. 3,52,189/- alongwith future and pendente-lite interest @ 18% against O.P.s. 2. Relief in favour of Complainant and thereupon opposite parties as such liable to pay a sum of Rs. 10,00,000/- for undue harassment, mental agony, and is also liable to pay costs of Rs. 2,00,000/- for the present complaint.
(2.) I have heard the learned counsel for the complainant on the question as to whether complainant can be said to be a consumer or not.
(3.) The term 'consumer' has been defined in section 2(1) (d) of the Consumer Protection Act, which to the extent it is relevant for the purpose of this petition means a person who buys goods or hires or avails services for consideration but does not include a person who obtains goods for resale or who purchases goods or avails services for any commercial purpose. As per the explanation, inserted with effect from 15.3.2003, for the purpose of the above referred clause, commercial purpose does not include use of the goods or services exclusively for the purpose of the earning livelihood by means of self-employment.;


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