Per Justice Mr.S.B. Mhase, Hon’ble President Heard Mr.Vipin Kamdi, Advocate for the complainant. 2. The complainant has approached to the State Commission with a prayer that opponent be held guilty for deficiency in service, unfair trade practices, negligence, breach of contract, poor workmanship and be ordered and directed to pay a sum of `26,36,326/- as principal amount calculated upto 27/08/2012 by the complainant. The complainant has further claimed interest @ 18% p.a. on the said amount. Further direction is also sought that opponent be directed to accept the non-activated Corporate Cards from the complainant. By way of mental agony and expenditure `3 lakhs are prayed and `1 Lakh are claimed towards hardship suffered and faced by them for four years. 3. The complainant is a Private Limited Company incorporated under the Companies Act and it is a Multi-Level Marketing Company operating from Nashik. The Company is marketing various types of goods in the market and for said purpose they have appointed Sales Commission Agents. Therefore, complainant-Company is expected to make payment to each of the Sales Commission Agent as per sales activities carried out by them. In order to enable the Company to make payment of said commission, the complainant-Company has opened a Bank account with the opponent-Bank and on the said Bank account the opponent had issued cards (ATM) in the name of complainant-Company. The company has distributed those cards to its Sales Commission Agents and on the basis of said cards, Sales Commission Agents used to withdraw the amount of their commission from the account of the complainant-Company. 4. What is important to be noted at this stage is that the account stand in the name of the Company and the cards also stand in the name of the Company but the Sales Commission Agents to whom the Company had given cards are allowed to operate said account to collect their respective commission. One more important aspect is that the commission payment is being made for the purposes of commercial services rendered by the Sales Commission Agents in favour of the Company. Therefore, ultimately, the Company is carrying out sales activities of their products through the Sales Commission Agents who are appointed on commission, but the fact remains that the total activity of the Company and also of the Sales Commission Agents is a commercial activity and commission payment to the Sales Commission Agents is part of said activity. Therefore, it is not a simplicitor banking service, but it is a camouflage commercial activity carried out through this system and that has been properly realized by the opponent-Bank. The Bank had activated only 10060 cards as per request of the complainant. The complainant-Company is asking the opponent-Bank to return the amount of rest of the inactivated cards which the opponent-Bank has refused and therefore, this consumer complaint is filed. 5. What we find that the total activity of the complainant-Company is a commercial activity and therefore, though it may be a service, but it is hired for commercial activity of the complainant. Therefore, complainant-Company may have a remedy against the opponent-Bank, but the complainant-Company is not a consumer within definition of Section 2(1)(d) of Consumer Protection Act, 1986 and consumer complaint is not a remedy for the complainant-Company. 6. Learned Counsel appearing for the complainant tried to rely upon judgement of the Apex Court in the matter of Vimalchandra Grover V/s. Bank of India, AIR 2000 SC 2181. That is the case not involving a commercial transaction, but it was an individual account having overdraft facility and in that light banking is a service or not is considered by the Apex Court. There the complainant is a consumer and he was using the account for himself. In the present matter, such is not the position. Therefore, we refrain to entertain the complaint and pass the following order:- -: ORDER :- 1. Complaint is hereby rejected. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Pronounced Dated 13th December 2012. | 
