CC.No.1352/2016
Date:17.10.2016
Heard the complainant on admission. Perused the complaint and its annexures. It is the case of the complainant is that he is having the current account in the O.P bank and he has to maintain a minimum balance of Rs.10,000/-. Further as per the request of the complainant O.P bank changed scheme of minimum balance amount and the O.P also changed the current account with minimum balance. The main allegation of the complainant is that for the complainant’s current account O.P is charging as per the old scheme. Hence alleged the deficiency in service on the part of the O.P.
On perusal of the complaint it reveals that, complainant is business firm and working under the name and style of M/s Goods Carrying Corporation and filed the complaint by its Manager. The transaction is relating to purely for commercial activity. On perusal of the records, it discloses that it is only the request given by the complainant to the O.P bank to reduce the minimum balance of Rs.10,000/- against maintaining the deposit of Rs.50,000/- for his business firm and the bank has not given its written consent and there is no prima facie case to believe the allegation of the complainant. Secondly, on perusal of Section 2(d) of Consumer Protection Act it defines Consumer means:
2(d) “Consumer “means any person who -
(i) 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
(ii) [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 [hires 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 purpose of earning his livelihood by means of self-employment.]
In the light of above discussion and in the light of above provision of law, the complainant is not a potential consumer and this Forum has no jurisdiction to entertain the complaint. Hence we return the complaint to the complainant with a liberty to file before appropriate Forum having jurisdiction to redress his grievance. Accordingly, we hereby order to return the complaint to the complainant.
