ORDER

PER SH. RAKESH KAPOOR, PRESIDENT





In the case of City Hearts Hotels PVt. Ltd V/s ICICI Bank (II) 2008
CPJ 509 , the State Commission , Chandigarh has held as under:-



It is now well settled law that any service hired by a commercial
concern or by an individual who is not earning his livelihood and
which is for generating profit through a commercial venture  does not
fall within the ambit of Consumer Protection Act.

In the case in hand, it is pertinent to mention para 1 and 5 of the
Complaint filed by the complainant which inter-alia  reads as under:-

1.That the complainant is a law abiding and peace loving citizen as
well is a proprietor of M/s R.B. Traders and is maintain Current
Account bearing no. 629505038528 at ICICI Bank, Sadar Bazar Branch,
1215, Bahadurgarh Road, Sadar Bazar New Delhi 110006 (Opposite party)
since 2007 for smooth running of business.

5.that the complainant had opened the current back account with OP in
the name of his proprietorship concern to ease the business deals as
the proprietorship concern of the complainant is mainly participating
in E-Auctions (online) conduct by the MSTC Ltd and others.



From the aforesaid averments, in the complaint it is clear that the
complainant had obtained the services of the OP purely for commercial
purpose. We are, therefore, of the considered opinion that the
complainant is not covered under the definition of consumer provided
U/s 2 (i) (d) of the Consumer Protection Act. We, therefore, hold that
the present complaint is not maintainable, the same is hereby
dismissed.

Copy of the order be made available to the parties as per rule.

    File be consigned to record room.

     Announced in open sitting of the Forum on.....................