Per Mr.S.R.Khanzode, Hon’ble Presideing Judicial Member

Heard Adv. V S Talekar for the appellant. 

1.         This appeal takes an exception to the order dtd. 28.01.2011 passed in CC/01/2011, Vishwas Sahakari Bank Ltd., Nasik Vs. Nasik District Central Co-op. Bank Ltd. passed by the District Consumer Disputes Redressal Forum,  Nasik (hereinafter referred as forum).  The complaint was summarily dismissed and therefore, the original complainant has preferred this appeal.

2.         It is the grievance of the appellant / complainant that they had kept statutory Liquidity deposit with the respondent / opponent bank as per the requirement of the RBI.  When the question of renewal of this deposit  was arose the respondent / opponent bank refused to renew the same @ 10.5% p.a. and therefore, alleging deficiency in service on the part of respondent bank,  consumer complaint came to be filed.

3.         We heard Adv. Mr. Talekar for the appellant.  Admittedly, the transactions out of which the grievance arose pertaining to liquidity deposits kept by the complainant bak for its banking business i.e. commercial purpose. Giving particular rate of interest on fix deposit, is a matter of contract between the parties.  Thus, firstly alleged hiring of service is for commercial purpose and hence, the complainant is not a ‘consumer’, secondly, offering particular rate of interest since subject to privity of contract, it will not fall within the ambit of a ‘consumer dispute’.  

4.         For the reasons mentioned, supra, we find no fault with the impugned order dismissing the consumer complaint.  Thus, finding the appeal devoid of any substance, we pass the following order:-

ORDER

1.         Appeal stands dismissed in limine.

2.         No order as to costs.

3.         Copy of the order be supplied to the parties.

            Pronounced on 23.03.2011