Order No.  5  dt.  26/02/2018

            The complainants filed this case against the o.ps. with the allegation that the complainants being the guarantors obtained loan from o.p. bank and in spite of payment of the entire dues o.ps. did not hand over the documents furnished at the time of obtaining loan from the o.ps. On the basis of the said fact the complainants filed this case.

            The o.ps. appeared in this case and filed a petition stating inter alia that the case is not maintainable on the ground that on scrutinizing the papers and documents it was found that the application for opening current account was made in the name of S G Iron Works Pvt. Ltd. The complainants are the directors of the said company, as such, they have no personal relation with o.p. bank. The said company has some relation with the bank and if any complaint is lodged that should be lodged by the said company. The complainants arbitrarily and with malafide intention filed this case in their personal capacity which cannot be entertained and the said complaint is not entertainable in the eye of law before the Consumer Forum. The o.ps. further stated that in the present dispute arose relating to a current account which is also related to business transaction and since the commercial transaction is involved in this case, therefore the dispute cannot be resolved by the Consumer Forum. On the basis of the said fact o.ps. prayed for dismissal of the case by holding that the case is not maintainable.

            Considering the submissions of the respective parties it is not disputed by o.ps. that the complainants are not the directors of the said company. It has not been also disputed that the bank account was opened in the name of said S G Iron Works Pvt. Ltd. and the account was current account. The complainants being the directors have had no relationship with the bank. Since the transaction relating to the said account relates to commercial purpose and as such, we hold that the case filed by the complainant is not maintainable as per Sec 2(1)(d) of C.P. Act. In this respect we can rely on a decision as reported in 2018(1) CPR 244 (NC) that commercial users cannot maintain consumer complaint. On the basis of the said fact we hold that the case filed by the complainant has got no merit and the case is not maintainable.

            Hence, ordered,

            That the CC No.373/2017 is dismissed as the same is not maintainable as per C.P. Act.