INDU KHANNA Vs. PUNJAB NATIONAL BANK & ANOTHER

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 04.10.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby her complaint, under Section 12 of the Consumer Protection Act, 1986, which she filed against the respondents, has been dismissed, with the finding that service in respect of which deficiency is alleged by the appellant, was availed for commercial purpose and she having not pleaded that the said service was availed by her, for earning livelihood by self -employing herself, she is not a consumer, within the meaning of Section 2(i)(d)(ii) of the Consumer Protection Act, 1986.

(2.) Appellant had a savings bank account with respondent No.1 -Punjab National Bank. She issued a cheque in the sum of Rs.10,57,122/ -, in favour of respondent No.2, i.e. ICICI Bank. Cheque was presented by respondent No.2 to respondent No.1, on 18.09.2010, but it was returned with the endorsement that sufficient funds were not there in the account of the appellant. Appellant alleged that she had enough money in her account with respondent No.1 and that dishonouring of the cheque was unjustified and amounted to deficiency in service. According to her, this affected her reputation. She claimed damages to the tune of Rs.19.00 lacs with interest, besides seeking litigation expenses to the tune of Rs.25,000/ -.

(3.) Both the respondents filed replies and took the plea that appellant was not a consumer, as the cheque was issued by her, in connection with her business of shoes of Reebok Brand.