The Delhi state consumer commission has held that disputes involving business houses and requiring several oral and documentary evidence for their adjudication cannot be decided by consumer disputes redressal fora. "Cases of big business houses involving multi-dimensional institute are not supposed to be decided by the forums created under the Consumer Protection Act. The CPA provides additional remedy but of a limited nature,and not a substituted remedy," ruled a bench of justices Barkat Ali Zaidi and Salma Noor. The bench gave its ruling on a complaint by Kundan Cables India Pvt Ltd seeking a compensation of Rs 25 lakh from the State Bank of India,accusing the bank of rendering deficient services. Kundan Cables,engaged in the manufacturing and selling of wire cables and falling under category of pollution industry,had entered into a loan agreement of Rs 15 lakh with SBI for the purpose of running the business,besides another loan of Rs 11 lakh to purchase machines. The bank released Rs 3 lakh,but in March 2002 asked the complainant to liquidate the entire outstanding amount for not submitting non-pollution certificate and recovered its loan. The complainant moved the state consumer commission saying due to the bank's move,it could not manufacture goods due to lack of new machinery and funds. The consumer forum,however,held,"The present dispute is between two business houses and will also involve oral evidence,because number of documents will have to be proved and interpreted. "Cases of this nature are therefore not supposed to be entertained by a tribunal created under the CP Act,1986,which are essential quasi-judicial in nature."
