Present :-  Complainant in person.

         Heard on admission.

         It has been stated in the complaint that the complainant had  lent  a sum of Rs. 2,00,000/- out of which  Rs. 1,50,000/- was given through bank  and Rs. 50,000/-  as cash to OP thereafter OP gave  cheque of Rs.1,50,000/-  dated 28.12.2012 to the complainant which was dishonored.  It is the case  of complainant that despite repeated request  OP  has not returned her money .   The contents of complaint clearly  indicates  that complainant  does not fall within ambit of consumer because neither any service  has been provided   by OP nor  there was any deficiency  on the part of OP besides this there is  no consideration for seeking  service of OP which  is  integral part of definition  of  consumer under Section 2(1)(d) of the Consumer Protection Act  which reads as under:-

Section 2(1)(d) “consumer” means any person who-

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
2. (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hits or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose);

(Explanation- For the purposes of this clause “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for  the purposes of earning his livelihood by means of self-employment).

Since the complainant is not a consumer within the meaning of  Consumer  under Section 2(1)(d) of the Consumer Protection Act complaint is dismissed. 

File be consigned to the record room.