Tribunals and Commissions(2006) 05 NCDRC CK 0006

VISHWA ELECTRONICS (INDIA) LTD. vs INDUSTRIAL DEVELOPMENT BANK OF INDIA

National Consumer Disputes Redressal Commission · Decided on 2 May 2006 · Citation: 2006 0 NCDRC 109 : 2006 3 CPJ 419

HON’BLE JUDGES
K.S.GUPTA , P.D.SHENOY J.

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Judgment

2 paragraphs · 208 words
1.

PRAYER clause of the complaint reads as under: "It is, therefore, most respectfully prayed that in the facts and circumstances of the present complaint and in the interest of justice this Hon''ble Commission may *be pleased to pass the following order(s): (a) Direct the opposite parties to pay a sum of Rs. 30.25 crores towards the direct losses suffered by the complainant. (b) Direct the opposite parties to pay a sum of Rs. 69.43 crores towards the indirect losses suffered by the complainant. (c) Pass such other order /orders as this Hon''ble Commission may deem fit and proper in the interest of justice�

2.

THE opposite parties are Industrial Development Bank of India (IDBI) and IFCI. Having heard Mr. Pardeep Kumar for complainant on admission and also having considered the allegations made in complaint, we are of the opinion that the claim of this kind and magnitude cannot be decided in summary jurisdiction under the Consumer Protection Act, 1986 that apart, Alleged deficiency in service on part of the opposite parties is relatable to commercial purpose which has been excluded, from the purview of said Act w.e.f. 15.3.2003. Complaint is, therefore, disposed of with liberty reserved to the complainant to seek redressal before an appropriate Civil Court.