UNION BANK OF INDIA Vs. MOHENDER KUMAR

JUDGEMENT

(1.) WE are in agreement with the view expressed by the State Commission that a person approaching a Bank for getting some service from the Bank such as the advance of a loan falls within the definition of the expression 'consumer' contained in the Consumer Protection Act. Whether he is entitled to any relief under the Act will depend upon the result of the investigation of the facts of each particular case and relief can be granted only if it is found that there has been some deficiency on the part of the Bank in the matter of rendering the service which has been hired. It has already been held by this Commission that the mere refusal by the Bank of a loan to an applicant after duly taking into consideration all the relevant aspects and reaching a conclusion in good faith, that will not be in the public interest of safeguarding the safety of the funds of the Bank to make the advances in question, will not constitute a deficiency. But that does not however mean that a person who approaches a Bank for the grant of a service in the shape of a loan is not a 'consumer'.

(2.) IN this case, the District Forum had not investigated into the merits of the complaint petition because of its having taken the view that the complainant is not a 'consumer'. By the impugned order the State Commission has set aside the said finding and remanded the case for disposal on the merits. No interference with the said order is called for in revision. Hence, the Order passed by the State Commission is hereby confirmed and the Revision Petition is dismissed. No costs.