30.03.2015

Present:-  Counsel for the complainant.

The complainant has filed present complaint alleging that he is Proprietor of M/s Gaurav Enterprises and having bank account in Indian Bank OP-1 with facility of using net banking on his mobile No.9810088712.  It is alleged that the amount of Rs.10,00,000(ten lacs) was unscrupulous  withdrawn by some person from his account causing illegal loss to the complainant  for which the OPs are liable.   Question arises in this case whether the complainant qualifies to be a consumer?  The Consumer Act was amended in 2003.  After the amendment any person who avails services for commercial purpose would not qualify to be a consumer.  In Sushma Goel Vs. P.N.B II (2011) CPJ 270 (NC) it has been held that complainant relating dispute of bank account maintained by commercial entity for commercial   purpose would not qualify to be a consumer.  In Ghaziabad Authorities Vs. Dhrva Dureja I (2014) CPJ 7 (NC), it has been held that in order to take benefitted of exception of section 2(1) (d) of Consumer Protection Act, the complainant is required to allege facts bringing him within exception and in the absence of such pleadings the complainant would not qualify to be a ‘consumer’.  In view the of the authority referred to above since the complainant has not pleaded in the complaint that he has been running a business to earn his livelihood by way of ‘self-employment’, he does not qualify to be a ‘consumer’ within the meaning of section 2(1) (d) of the Consumer Protection Act. Complaint is therefore dismissed.

        Copy of the order be given to the complainant Dasti.  File be consigned to the record room.

 President                                        Member