GANGAR OPTICIANS PVT LTD Vs. HDFC BANK LTD

JUDGEMENT

(1.) THIS revision petition is against the order dated 27.06.2011 of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in First Appeal no. A – 10/1079. By this order, the State Commission dismissed the appeal filed by the petitioner against the order dated 25.05.2010 of the District Consumer Disputes Redressal Commission, Central Mumbai District, Mumbai (in short, 'the District Forum') in complaint case no. 101 of 2009.

(2.) THE complaint was filed by Mr. Jayantilal Gangar in his capacity as Director of Gangar Opticians Pvt. Ltd., Mumbai. The allegation was that the HDFC Bank Ltd. (opposite party – OP), from which Gangar Opticians had obtained merchant overdraft facility, committed deficiency in service by charging fee to renew the aforesaid facility contrary to the agreement between the parties in that respect. The complaint was contested by the OPs. After hearing the parties and considering the evidence, the District Forum dismissed the complaint on the ground that the complainant, a business entity, had availed of the services of the OP Bank for a "commercial" purpose and hence it could not be termed a "consumer" under the provisions of section 2(1)(d)(ii) of the Consumer Protection Act, 1986 (in short, 'the Act').

(3.) THE appeal filed by the complainant was dismissed by the State Commission on the same ground. The State Commission also observed that the complaint had been filed by Mr. Jayantilal Gangar who was purportedly the Director of the Company whereas the appeal had been filed by Gangar Opticians Pvt. Ltd., i.e., the company, which was not permissible in law.