In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.  310 / 2010.

1)                   M/s. Multi Serve Rolls Limited,

            77/1A, Park Street, Kolkata-700016.                                                        ---------- Complainant

---Versus---

1)                   M/s. HDFC Bank Limited,

            2/6, Sarat Bose Road, Central Plaza Branch, Kolkata-700029.                  ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.    16   Dated  30/05/2012.

            The petition of complaint has been filed by the complainant M/s. Multi Serve Rolls Ltd. against the o.p. M/s. HDFC Bank Ltd. The case of the complainant in short is that complainant company is a limited company under Company’s Act, 1956 and the same is registered one and complainant was maintaining one current account with o.p. having no.001423280001285 and Customer ID 1552516.

            Specific case of the complainant company is that on 5.6.08 complainant came to know through net banking that a huge sum of Rs.4,90,000/- was transferred from the aforesaid account without having any written request from complainant and the matter was brought to the notice of o.p. and on 21.6.08 a sum of Rs.4,10,000/- was credited in the aforesaid current account of complainant company by o.p. and there was short of Rs.80,000/- in the said account and complainant by advocate’s letter dt.10.7.10 gave a notice to o.p. to credit the sum of Rs.80,000/- in the said current account, but no response was there. Hence, the case.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it stating therein that o.p. has no responsibility for visa money transfer transaction carried out in good faith and in the instant case a valid customer ID and under banking pass word was used for the aforesaid transaction and that if the I Pin was divulged to 3^rd party by the account holder and until and unless such I Pin is shared with a 3^rd party such situation cannot at all arise and pass word is a computer generated one and only the account holder comes to know that pass word and in the instant case the said pass word was somehow divulged by complainant company to 3^rd party resulting therein the incident as it appears in the petition of complaint. O.p. further agitated that the instant case does not come within the ambit and scope of definition of ‘consumer’ as defined in the C.P. Act, 1986 and the account in question was of the complainant company for commercial purpose and ld. lawyer of o.p. in the course of argument submitted that the instant case is not maintainable and liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is a company which had current account in o.p. bank. Record reveals that the said account of the complainant was being run for commercial purpose which does not come within the ambit and scope of u/s 2(1)(d)(ii) of C.P. Act, 1986 and there is no averment in the petition of complaint that the said company is being run for the livelihood of the members of the family of the Board of Directors of the said company and complainant company is not entitled to relief.

            Hence, ordered,

            That the petition of complaint is not maintainable and stands dismissed on contest without costs.

            Supply certified copy of this order to the parties.

        _____Sd-_____                ______Sd-______            _______Sd-_______

          MEMBER                         MEMBER                       PRESIDENT