In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.163/ 2008
1) Sashi Kant Didwania,
Director, Splended Trading Co. Pvt. Ltd.
11/82, Mouza Gangapur, JL 35, 24-Parganas (South),
P.S. Kolkata Leather, Pin Code-743502. ---------- Complainant
---Versus---
1) Branch Head, Centurion Bank Ltd.
88, Chowringhee Road, P.S. Bhowanipore, Kolkata-20
2) Ms. Sandhya Adari
(CRO), Centurion Bank Ltd.
88, Chowringhee Road, P.S. Bhowanipore, Kolkata-20
3) Mr. Somenath Mondal,
Centurion Bank Ltd.
88, Chowringhee Road, P.S. Bhowanipore, Kolkata-20
4) The Manager, Centurion Bank of Punjab Ltd.
Centralised Customer Service Unit,
995-C, 1st Floor, Second Avenue,
Annagar, P.S. Annagar, Chennai-600040
5) The Managing Director,
Shanta Durga Niwas, M.G. Road, Panaji,
P.S. Panaji, Goa-4030001. --------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 40 Dated 26/11/2012.
The petition of complaint has been filed by the complainant Sashi Kant Didwania against the o.ps. Centurion Bank Ltd. and others. The case of the complainant in short is that complainant has been approached by o.p. no.2 who is the agent of o.p. no.1 for availing of Gold Current Account and being convinced complainant opened Gold Current Account and in return it was promised to him by o.ps. that a bunch of services at no cost could be availed by complainant and o.p. no.1 through a letter dt.19.7.06 confirmed the aforesaid bunch of promises and assurance made earlier by o.p. no.2. As per assurance following basis services, free of cost in lieu of opening the aforesaid Gold Current Account being no.101002000006765:
(i) Cash Deposit.(ii) Withdrawal of cash once a day with upper limit of Rs.2 lakhs. (iii) Pay orders upto Rs.10 lakhs per day.
As per complainant to utter surprise it was noted by him that o.p. nos.1 to 5 have illegally and unlawfully deducted service charge amounting to Rs.22,605/- for the period of 3 months from October, 2007 to December, 2007. After repeated requests by complainant verbally and through black and white also o.ps. did not pay heed to for redressal. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
All the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that ld. lawyer of o.ps. interalia stated that the additional services offered in the month of September 2007 w.e.f. 10.9.07 by Centurion Bank of Punjab Ltd. As per revised offer of the bank the cash limit of the holder Gold Current Account was fixed at Rs.25 lakhs and all account holders depositing cash above the pre cash limit were charged on the same. As per regulations of the RBI, the revised schedule was affixed on the notice board of the bank on 1.9.07. O.ps. also stated that complainant is holding the Gold Current Account Gold for running his business. That apart, it appears from para 1 of the petition of complaint that complainant is a Director and working for gain at Splendid Trading Co. Pvt. Ltd. So it is crystal clear that complainant is maintaining the accounting in question with o.ps. for the purpose of his business.
That being the position it is further transparent that complainant is running business and the aforesaid account is for the said business and taking into consideration this aspect complainant cannot be construed as a ‘consumer’ as defined in the C.P. Act, 1986 and he is running the business for commercial purpose.
Therefore, complainant is not entitled to get relief under the C.P. Act, 1986 and the instant case is liable to be dismissed.
Hence, ordered,
That the case stands dismissed on contest without cost for want of jurisdiction in view of the observation s made above in the body of the judgment.
Supply certified copy of this order to the parties free of cost.
