Delhi

Central Delhi

CC/208/2008

PING PONG MARKETING - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

02 Mar 2015

ORDER

Heading1
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Complaint Case No. CC/208/2008
 
1. PING PONG MARKETING
1/1293 NAIWALA KAROL BAGH NEW DELHI 5
...........Complainant(s)
Versus
1. ICICI BANK
4 TH FLOOR SD TOWER SEC. 8 ROHINI ND 85
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. RAKESH KAPOOR PRESIDENT
 
For the Complainant:
For the Opp. Party:
ORDER

ORDER
Per Sh. RakeshKapoor, President
The present complaint is bound to be dismissed on the threshold
without going into its merit.  The complaint has been filed in the
name of M/s Ping Pong Marketing  Ltd  The complainant is a company
incorporated under the provisions of Indian Companies Act.  It had
availed of a loan from OP bank and had thus availed of its services
for commercial purposes.  The complainant, therefore, does not qualify
as a ‘consumer’ within the provisions of section 2(1)(d) of the
Consumer Protection Act, 1986.
A similar view was taken in the case of National Dairy Research
Institute (Deemed University) v. Sheldon Manufacturing Inc. &Ors, II
(2013) CPJ 275 (NC), the Hon’ble National Commission held as under :-
“The requisite machine was purchased for commercial purposes only.
Purchase of a machine by an institute cannot come within the term
“services” availed by the petitioner, i.e. Institute, exclusively, for
the purpose of earing its livelihood, by means of self-employment.”
                                In the case of Same Fine O Chem
Limited v. Union Bank of India, III (2013) 490 NC, the Hon’ble
National Commission held as under :-
“Para 6……………The complainant is a limited company and not an
individual, therefore, it cannot be said that the services of OP were
availed by the complainant for earning of his livelihood by means of
self-employment.  Thus, in our view, the complainant does not fall
within the definition of ‘consumer’ given under Section 2(1)(d) of the
Consumer Protection Act, 1986.  On our aforesaid view, we find support
from the order dated 22.08.2003 of four Members Bench of this
Commission in O.P. No.174/2003 titled M/s Leatheroid Plastics Pvt.
Ltd. v. Canara Bank.”
Consequently, we hold that the complaint is not maintainable, the same
is hereby dismissed.

Copy of the order be made available to parties free of cost as per law.
File be consigned to R/R.
Announced in open sitting of the Forum on_____________
 

 
 
[HON'BLE MR. RAKESH KAPOOR]
PRESIDENT

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