We have heard Mr. Rajendra K. Sulecha, learned counsel for the complainants on the question of maintainability of the present complaint before a consumer fora like the present Commission.

The complainant before us is a private limited company under the Companies Act, 1986 and its members-Directors and the opposite party is ICICI Bank Limited.

The claim in the complaint is for recovery of a sum of Rs.10,25,000,00/- (Rupees Ten Crore 25 lakh Only) towards the loss and damages suffered by the complainant on account of several deficiencies in service on the part of the opposite party, as enumerated in the complaint.  Besides the said amount, the complainants have also claimed interest @18% per annum on the said amount i.e. 10,25,000,00/- and a sum of Rs. 5 lakh as litigation cost. 

We have carefully perused the averments and allegations made in the complaint and taking them at their face value at this stage of proceedings and assuming that the complainants may perhaps be able to substantiate the same, we are still of the view that the complaint like the present one before a consumer fora like the present Commission cannot be entertained.  We say so keeping in view the provisions of Consumer Protection Act, 1986 in particular Section 2(1)(d) of the said Act, which was amended by the Amending Act No. 62 of 2002 effective from 15.03.2003 thereby deleting a person who obtains services from a service provider purely for commercial purpose is from the purview of the said definition of the term ‘consumer’ appearing in Section 2(1)(d).  Going by the averments, there cannot be denial of the position that the complainants had obtained the services of the opposite party-Bank purely for commercial purpose.  Assuming that in the process of rendering such service, the opposite party had committed certain alleged deficiency in service but by virtue of above referred provisions, the complainants cannot be said either to be ‘consumer’ within the meaning of Section 2(1)(d) or the complainant within the meaning of Section 2(1)(b) of the Act.  It appears to us that the complainant wants to invoke the jurisdiction of this Commission only with a view to save on the court fee payable on a civil suit seeking the same relief as sought for in the present complaint.  Law does not permit invocation of the jurisdiction of consumer fora for an ulterior motive. 

For the above stated reasons, we dismiss this complaint as not maintainable before this Commission,  however, liberty is granted to the complainants to pursue their remedy before the appropriate court/forum in accordance with law, if so advised.