Order no. 4

Ld. Lawyer for the complainant is present.

Heard the Ld. Lawyer for the complainant and perused the materials on record. Upon scrutiny of entire materials on record we observed that complainant is a Limited Company registered under the Company’s Act, 1956. Complainant stated in the petition that complainant opened a Fixed Deposit Account bearing no. CD 902186 in the year 1989 amounting to Rs. 55,00,000/-. But the complainant neither filled any FD Certificate to that effect nor filed that document of Income Tax return for the relevant period.

Complainant Co. is maintaining a current account with the O.P. The complainant is a limited company who is not a consumer as per C. P. Act, 1986. Moreover the allegation made in the complaint petition arose in the year 1989-90 but complainant company stated that the matter has been noticed in March, 2016. So cause of action arose in the year 1989-90 but the case has been filed in the year 2016. In the present case the complainant after 1989-90 gave representation for the first time on 08/01/2016. Thus the complainant filed is barred by limitation also. Mere a correspondence can not make any continuous cause of action. In this connection we have relied upon judgement cited in Vol. – 1 (2015) CPJ 131 (NC).

The moot question for consideration is whether the complainant is a consumer or not. The complainant is a Limited Co. and no one is running this business for livelihood purpose. Therefore the complainant has no locus standi as a cosumer under C. P. Act, 1986.

In view o above the present case is rejected in limini.