Order no.5                   Date: 16.05.2023

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused and considered the complaint application.

Heard Ld. Advocate for the complainant.

The complainant is ‘Balkrishna Sales Corporation’ having its partners Sri Sanjay Mehta and Smt Indumati H  Mehta.

Ld. Advocate for the complainant submits that the complainant has a Current Account with the opposite party. The opposite party without prior intimation has blocked the account consequently the complainant has suffered huge financial loss.

Ld. Advocate further submits that the partners of complainant runs business on self employment to earn their livelihood and the current account in question relates to that business.

It is needless to mention that a current account of a bank is means of carrying out commercial activity of a business. It appears from the letter dated 03.03.2023 of the opposite party, the account in question is a loan account in the name of ‘Balkrishna Sales Corporation’, the complainant herein, with facility of  cash credit limit of Rs.61.5 million, ECLGS of Rs.20.1 million and Bank Guarantee of Rs.15.00 million. This cash credit limit is being enjoyed by the complainant for commercial transaction in the business in order to generate income and  profit.

On perusal of the partnership deed, it appears that the complainant ‘Balakrishna Sales Corporation’ is a partnership firm and deals with commission agents, general merchants, traders and agents in washing powder, tea, salt, spices and in all kinds of goods and shall deal in shares and stock and commodities and such other business or businesses as may be agreed upon by the partners from time to time.

Considering the magnitude of the business and the cash credit facility availed in the said loan account, it becomes abundantly clear that the services obtained by the complainant in the loan account is purely for commercial purpose. Mere averment in the complaint application that the partners of complainant/Balkrishna Sales Corporation runs business by means of self employment and earns their livelihood is negated by the documents filed by the complainants which are referred above.

That apart, we find that ‘Balkrishna Sales Corporation’ has two partners namely Sanjay Mehta and Smt. Indumati H Mehta but there is no whisper in the complaint or in the affidavit annexed to the complainant that Smt. Indumati H Mehta has authorized Sanjay Mehta on her behalf to file the case.

Having considered the discussion made above, we are of considered view that the complainant ‘Balkrishna Sales Corporation’ is not a consumer in terms of section 2(7) of the Consumer Protection Act, 2019 as such the Commission lacks jurisdiction to try the case.

Therefore, the instant complaint case cannot be admitted.

Hence, it is

O R D E R E D

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