ORDER                             Dated:  27-10-2016
Mohd. Anwar Alam, President

1.      Complainant filed this application on 15-09-2016 and alleged that
she had made payment of Rs. 500/- for the application fee for the
license of Import Export code which was rejected  by the OP on the
ground of  DOB mismatch from PAN which is deliberately rejected as
she did not visit the DGFT office to fulfill their illegal demands.
Hence OP cheated the complainant , therefore,  it is prayed that a
compensation of Rs 1,20,000/- for mental harassment and agony be
awarded along with the cost of Rs. 30,000/- as litigation cost.
2.      Heard on the maintainability of the complaint and considered the
complaint.
3.      As the purpose for license  of Import  Export code for OP is a
commercial purpose  and  the fee of Rs. 500/- was an application  fee
under the statutory provision  for the said  above license, which is
not a consideration  for service on the part of OP .  It is pertinent
to mention herein that collection of application fee under the
statutory provision cannot be considered as a commercial function or
activities of OP.
4.      Looking to the above facts and circumstances, we are of the
considered opinion that complainant is not a consumer and dispute is
not a consumer dispute and her complaint is not maintainable under the
provision of consumer protection act. File be consigned to Record
Room.
Announced on this ………………