NCDRC

NCDRC

FA/139/2012

THE NARAYANA EDUCATION SOCIETY - Complainant(s)

Versus

THE ING VYSYA BANK LIMITED - Opp.Party(s)

MR. G. L. N. MURTHY

06 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 139 OF 2012
 
(Against the Order dated 16/09/2011 in Complaint No. 36/2010 of the State Commission Andhra Pradesh)
1. THE NARAYANA EDUCATION SOCIETY
Represented by Shri R. Koteswara Rao, Secretary, D No. 12/72, Harinathapuram, Nellore
Andhra Pradesh
...........Appellant(s)
Versus 
1. THE ING VYSYA BANK LIMITED
Represented By its Branch Manager, KCV Spectrum, D No. 15/320, Ground Floor, Brindavanam, Nellore,
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :MR. G. L. N. MURTHY
For the Respondent :NEMO

Dated : 06 Jul 2012
ORDER

State Commission has held that the appellant was carrying commercial activities and, therefore, would not fall within the meaning of ‘Consumer’ under Section 2 (1) (d) of the Consumer Protection Act, 1986.  Counsel for the appellant after taking instructions seeks to withdraw the appeal reserving liberty with the appellant to seek redressal of its grievance in any other appropriate forum.  Dismissed as withdrawn. 

-2-

Liberty is reserved with the appellant to seek redressal of its grievance in any other forum along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking exclude of the time spent in the consumer fora while calculating the limitation in the light of the observations of the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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