Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
None present. Perused the record.
[2] In the instant case, a consumer complaint was filed by the Appellant/ original Complainant alleging deficiency in service on the part of the Respondent/Opponent No.1, a credit co-operative society, where it had kept deposits. The District Forum finding that services of the Respondent/ Opponent No.1 were hired for ‘commercial purposes’ and as such, the Appellant/original Complainant is not a ‘consumer’, dismissed the consumer complaint. Feeling aggrieved thereby, this appeal is preferred by the Appellant/original Complainant.
[2] We have carefully considered the reasoning given by the District Forum. Since the deposits were admittedly kept to earn interest vis-à-vis profit for the Appellant/original Complainant Society towards its banking business, such services which are availed for ‘commercial purpose’, take out the status of the Appellant/original Complainant Society as a ‘consumer’ within the meaning of Section-2(1)(d)(ii) of the Consumer Protection Act, 1986. Useful reference on this point can be made to the decision of the Hon’ble apex court in Economic Transport Organization Vs. Charan Spinning Mills (P) Ltd. & Anr. ~ 2010-CTJ-361-(SC)-(CP).
[3] In these circumstances, we find no fault with the impugned order and this is certainly not a case where a different view than the one which is taken by the District Forum needs to be taken.
Hence, we proceed to pass the following order:-
ORDER
Appeal is not admitted and accordingly stands rejected.
No order as to costs.
Pronounced & dictated on 17th August, 2011.
