West Bengal

Jalpaiguri

CC/22/2018

Bajla Distributors Private Limited, Represented by its Director Smt. Ritu Bajla, - Complainant(s)

Versus

The Branch Manager, ICICI Bank Limited, - Opp.Party(s)

Milindo Paul

06 Jun 2018

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/22/2018
( Date of Filing : 29 May 2018 )
 
1. Bajla Distributors Private Limited, Represented by its Director Smt. Ritu Bajla,
wife of Sanjay Bajla, having its registered office at 177/117, K.C. Dey Road, P.O. Siliguri, Pin.-734001.
...........Complainant(s)
Versus
1. The Branch Manager, ICICI Bank Limited,
Saharan House, Sevoke Road, P.S.- Bhaktinagar, P.O.-Siliguri, Dist.- Jalpaiguri, Pin.- 734001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 
For the Complainant:Milindo Paul, Advocate
For the Opp. Party:
Dated : 06 Jun 2018
Final Order / Judgement

The complainant is present by filing Hazira through Ld. Advocate. The case is taken up for admission hearing. Perused the petition of complaint and other materials on record. Heard the Ld. Lawyer for the complainant. Also perused the decision cited by the Ld. Lawyer for the complainant reported in (2016)4 C.P.R. Page 395 and (2005)1 C.P.J. Page 27.

            It is the case of the complainant that they being a registered company under the provision of the Companies Act. 1956 hired the services of the O.P./The Branch Manager, ICICI Bank Ltd., by opening one current account being No. 020805004935. Admittedly the complainant/Bajla Distributors Pvt. Ltd. is a profit earning business company. So, the complainant hired the services of the O.P. by opening current account for the purpose of smooth running of their business. As per provisions of Section 2(1)(d)(explanation) whoever hires services from  the service provider for commercial purpose can not be treated as ‘’Consumer”. So, in the instant case the complainant can not be treated as a Consumer. As such the present petition of complaint filed by the complainant is not maintainable and is liable to be dismissed. The decisions cited on behalf of the complainant are not applicable in this case.

 

  Hence it is

                                             O R D E R E D :-

That the Consumer Case no.22/2018 be and the same is dismissed.

The case is thus disposed of. Let a plain copy of this order be supplied to the complainant free of cost or be sent through speed post. The extra sets be also returned to the complainant on proper identification.

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER

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