Order No. 3

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused. Considered. Heard.

The case of the complainant is that he is the Director of K K Emulsion Pvt. Ltd. having Cash Credit Account No.0129083000002760 and Term Loan Account No.0129652000001053 with the South Indian Bank Limited, Ganesh Chandra Avenue Branch. The opposite party being the Branch Manager of the aforementioned bank has failed to provide proper service to the complainant though several requests had been made to the opposite party to provide cash credit facility for smooth running of the business.

It appears from the record that on 09.03.2022 the complainant has sent a letter to the opposite party wherein he disclosed that further total fund requirement for every month is Rs.2.50 Crore (approx) for purchasing of 125 Tons of BAM. Further, vide an email dated 12.04.2022, the complainant disclosed the amount of yearly turnover of his business to opposite party.

It reveals that the yearly turnover for the year 2021-22 was Rs.37,63,69,519/- (Rupees thirty seven crores sixty three lakhs sixty nine thousand five hundred and nineteen) only.

From the averment made in the complaint application and documents annexed thereto it can safely be presumed that the account in question is a business account and the amount dealt in the said Cash Credit Account No.0129083000002760 by the complainant is for earning huge profit. The magnitude of the business of the complainant can easily be presumed from the amount of yearly turnover as disclosed by the complainant vide his email dated 12.4.2022.

Therefore, it is crystal clear that the complainant avails such service from the opposite party for commercial purpose. By no stretch of imagination it can be presumed that the complainant avails the service of opposite party for earning his livelihood “by means of self employment”.

Therefore, the complainant is not a consumer in terms of Section 2(7) of the Consumer Protection Act.

Having considered the discussion made above this Commission has no jurisdiction to try this case.

Therefore, the case is not maintainable.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed as not maintainable in law.