Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member Heard Ms.Sharada Pinjari, Advocate for the complainant and Mr.V. Mannadiar, Advocate for the opponent. 2. The consumer complaint pertains to alleged deficiency in service on the part of opponent/Bank for selling the shares without giving intimation and following proper procedure without knowledge of the complainant on 15/06/2007, 13/10/2008 and 10/12/2008. The transactions pertained to an overdraft facility against the security obtained by the complainant for the purpose of making investments in shares and securities. 3. Considering the purpose for which the bank services were availed i.e. overdraft facility for investment in shares and securities, it is, per se, a commercial purpose for which services of the Bank were availed. Therefore, necessarily the complainant ought to have made out a case to claim that she is a consumer within a meaning of Section 2(1)(d)(ii) of Consumer Protection Act, 1986. There is no statement made referring to the explanation to said provision and under the circumstances, the complainant, since, availed services of the Bank for commercial purpose, is not a consumer and hence, the present complaint cannot be held as consumer dispute. 4. Apart from that the grievance is about selling shares which perhaps held as security for overdraft facility availed. It is the grievance that on 15/06/2007, 13/10/2008 and 10/12/2008 those securities were sold without taking any instructions from the complainant. Therefore, cause of action, if any, for that purpose would arise on those respective dates of which the complainant had immediate knowledge. She raised the objection therefor in communication witnessed by letter dated 01/11/2008. Consumer complaint is not filed within two years therefrom. As such the consumer complaint is also time-barred and cannot be entertained without any application for condonation of delay. 5. For the reasons stated above, we find no reason to admit this complaint. We hold accordingly and pass the following order :- -: ORDER :- 1. Complaint is not admitted and stands disposed off accordingly. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Pronounced Dated 24th August 2012. | 
