The complainant a private limited
company availing services of bank for business purposes, its complaint is not
maintainable before the Consumer Forum. The company is a body corporate and not
a natural person who needs to earn his livelihood.
M/s Recorders and Medicare Systems Pvt.
Ltd. through its Director and authorized signatory, Shri Jalesh Grover, has
filed complaint before the National Consumer Disputes Redressal Commission, under
section 21 of the Consumer Protection Act, 1986 against the State Bank of
Patiala, claiming deficiency on the part of the respondent/opposite party bank
on account of its failure to renew the insurance policy which it had been doing
in its capacity as Monitoring Institution of the complainant Company and for
which it had charged fees as consideration for its services.
Since
the services of the respondent Bank have been availed of by the complainant for
business/commercial purposes, its complaint is not maintainable before the
consumer Fora under the Consumer Protection Act, 1986 in view of the provisions
of section 2 (1) (d). Although the explanation appended to section 2 (1) (d) of
the Act provides that the "commercial purpose" does not include the
services availed by the person exclusively for the purpose of earning his
livelihood by means of self-employment. However, the explanation restricting
the scope of the commercial purpose is of no avail to the complainant because
complainant is a body corporate and not a natural person who needs to indulge
to earn his livelihood. In view of this, we are of considered view that the
complainant is not covered under the definition of consumer as defined under
section 2 (1) (d) (ii) of the Act and as such the complaint is not maintainable
before the consumer Forum.
Prepared by: S. Hemanth
Advocate at Hemanth &
Associates