During the course of arguments, it has been pointed out by the ld.counsel for the opposite party that the complainant firm obtained the cash credit facility to run its business concern, so the transaction in the present case is commercial one, as such the complainant does not fall within the definition of consumer. Ld.counsel for the complainant could not rebut this averment made by the opposite party. Resultantly we are of the opinion that the transaction in the present case i.e. the complainant has taken the cash credit facility from the opposite party for the running of his business concern i.e. for commercial purposes and as such the complainant is not the consumer as per the definition of consumer laid down in section 2(1)(d)(ii) . Therefore, the present complaint is not maintainable in this Forum. Resultantly it is ordered that the complaint be returned to the complainant and he shall be at liberty to file the same before the appropriate court/authority. Keeping in view the peculiar circumstances of the case, parties are left to bear their own costs.