Today is fixed for passing order in respect of the petition field by the op praying for dismissal of the complaint on the ground , the present transaction is Commercial is a Private Ltd. Company and so he is not Consumer as alleged in the petition dt. 25/09/2014.

But on the other hand complainant by filing objection has alleged that op neglected perform his duties which is  apparent and for which falsely filed this application to dislodge the bonafide claim  of the complainant and has claimed all allegations of the op.

So, on the basis of the above allegations of the op and counter allegations of the complainant we find that we must have to decide on merit whether complainant is consumer in the eye of law.

In the premises after considering the complainant it is found that complainant is a Private Ltd. Company and disputed account and complainant has closed that account on 19/10/2013 and surrendered all unused cheques and it is allegation of the complainant op intentionally with held a cheque of one crore through at that time in the current account .

There was more than one crore and op illegally changed huge amount as consolidated cheque etc.

But considering the above materials it is found that said current A/C no. 912020028173227 was opened for the business transaction of the complainant in the ops bank and fact remains said transactions were all for Commercial transaction and said has been used by the complainant Pvt. Ltd Company for benefit and profit of the business of the complainant.

When it is admitted position that complainant is a Private Ltd. Company which is a justice person so it is not credible that it is engaged in earning self employment  to earn livelihood.

In view of the above fact and circumstances and also relying upon the ruling reported in (2010(4)) Supreme Court cases Page-114 (Economic Transport Organization Delhi Vs. charan spiiring Mills Pvt. Ltd.) and as per definition of Sec-2(d) of Act 1386 complainant hired services for Commercial purpose  and further complainant is Private Ltd. Company and for which in the eye of law complainant is not a consumer in the eye of law.

In the result it is found that the complaint is not maintainable in the eye of law and for which ops petition succeeds.

Hence, ordered that the complainant be and same is dismissed on the ground that complainant is not consumer , but with a penal cost of Rs. 10,000/- but said penal cost shall be deposited to this Forum.