LAWS(NCD)-2019-10-56

SHREE SHAKTI FOAMS Vs. CANARA BANK

Decided On October 31, 2019
Shree Shakti Foams Appellant
V/S
CANARA BANK Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant at the admission stage.

(2.) This appeal has been filed against the judgment dated 12.03.2018 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in CC no. 4 of 2018, wherein the consumer complaint has been dismissed on the ground that the loan from the bank was taken for commercial purpose and therefore, the complainant is not a consumer.

(3.) Learned counsel argues that the complainant is a proprietor of proprietor ship concern and it was averred in the complaint itself that the loan was taken for earning her livelihood. Learned counsel argued that the State Commission has at one place mentioned this fact whereas at other place it has been mentioned that the complainant has nowhere mentioned in the complaint that she has taken loan for earning livelihood. Thus there is a contradiction in the order of the State Commission itself. No notice was issued to the opposite party and the complaint has been dismissed in limine.