D.o.F:14/2/08<br /> D.o.O:11/8/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> C.C.No.8/08 <br /> Dated this, the 11th day of August 2008 <br /> <br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER <br /> <br /> <br /> 1.Pallikkare Service Co-Op.Bank,<br /> Pallikkara<br /> : Complainants<br /> 2. Secretary,<br /> Pallikkare Service Co-op.Bank,<br /> Bekal branch,Bekal<br /> <br /> 1. Integrated Cyberntics Systems Pvt.Ltd<br /> 2nd Floor P.C.Chambers,<br /> Ashshbhavan Lane,<br /> Kacheripady 1, Ernakulam.<br /> 2. Accel Transmatic Limited, : Opposite parties<br /> 2nd Floor,S.F.I complex No.176.<br /> Valluvarkottan High Road,<br /> Nungampakkam,Chennai<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> <br /> The complainant Pallikkara Service Co-op Bank filed this complaint alleging deficiency in service on the part of opposite parties, Integrated Cyberntics Systems Pvt.Ltd and Accel Transmatic ltd the suppliers of UP System for the computers installed in the Bank. According to Bank the opposite parties failed to render proper after sales service and as a result loss is occurred in the business of the bank.<br /> <br /> 2. Both the opposite parties entered appearance and filed their versions. According to opposite party No.2 the Pallikkara Service Co-op bank is doing banking business and they have not supplied UPS to Bank directly and they sold it to integrated Cybernitics systems Pvt.Ltd is a principal to principal basis and it was then sold by opposite party No.1 to bank.<br /> <br /> 3. The matter was heard on the issue of maintainability. Opposite party No.2 alleged that Pallikkara Service Co-op Bank Ltd is doing banking business and the UP S<br /> ystems supplied were having direct nexus with the business affairs of the bank. Even the Bank alleges that they have loss of business due to the defects of UP system. Therefore, it is clear that the UP system purchased were for commercial purpose which is outside the purview of Consumer Protection Act.<br /> <br /> For the above reasons, we return the complaint to the Pallikkara Service Co-op Bank to approach appropriate authority having jurisdiction. If the Bank chooses to file a suit or take other proceedings they can do so according to law and in such a case they can claim the benefit of Sec.14 of Limitation Act to exclude the period spent in prosecuting proceedings under Consumer Protection Act while computing the period of limitation prescribed for such a suit or other proceedings as per law.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/<br />