This complaint is filed by the Complainant u/S 35 of the Consumer Protection Act, 2019.

 The Complainant is present through the Ld. Advocate. Today is fixed for hearing of this complaint on the point of its admissibility. We have carefully perused the petition of complaint as well as heard the Complainant on the point of admission of the complaint.

It is seen by us that the Complainant being a young businessman and as he is in need of frequent funds to carry on his business smoothly without any fund crunch, he approached to the SBI Card-the OP in this complaint to get hold of a credit card. Appreciating the merit of business of the Complainant, the OP had sanctioned/issued the credit card in the year 2018 with credit limit of Rs.80,000/- and on the basis of good repayment history of the Complainant the credit limit was gradually increased to Rs.2,73,000/-. Due to his business requirement the said limit was not sufficient and he requested to increase the credit limit of the said card. Subsequently the Complainant opted to increase his credit limit to Rs.3,50,000/- from his existing credit limit……

Therefore it is clear for his business purpose the Complainant obtained the credit card and to maintain the flow of money in his business he used the said credit card. As the OPs did not increase the credit limit of the card, hence by filing this complaint the Complainant has prayed for direction upon the OP to increase the credit limit from Rs.2,73,000/- to Rs.3,50,000/- along with other reliefs. 

We have noticed that for business purpose the Complainant had obtained the credit card from the OP. In the Section 7 (ii) of the Consumer Protection Act, 2019, it is enumerated which runs as follows-

‘Consumer means any person who hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of any deferred payment and includes any beneficiary of such service 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 service for any commercial purpose.’

Having regard to the abovementioned Section of the CP Act, 2019 we are to say that in the case in hand also the Complainant had availed of service of the OPs for his business purpose. So the present complaint cannot be maintainable before this Ld. Commission as the Complainant is not a consumer within the purview of the definition of ‘Consumer’.

Going by the foregoing discussion hence, it is ordered that the Consumer Complaint being no- CC/105/2021 is hereby dismissed without being admitted being not maintainable before this Ld. Commission. There is no order as to cost.

As the complaint is not admitted hence the Complainant is at liberty to get return of the copy of the complaint along with the copies of the documents as filed by her at the time of filing this complaint. But for this purpose the Complainant has to submit an application before the appropriate authority of this Ld. Commission. The appropriate authority is directed to take immediate step upon receipt of the application from the Complainant so that the Complainant can get return of the aforementioned photocopies without any further delay.

Let plain copy of this order be given to the parties free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER