LAWS(NCD)-2014-11-58

MAYA ENGINEERING WORKS Vs. ICICI BANK LTD.

Decided On November 05, 2014
Maya Engineering Works Appellant
V/S
ICICI BANK LTD. Respondents

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against the order dated 4.9.2013 passed by State Commission in appeal No. 645 of 2010- M/s. Maya Engineering Works VS. ICICI Bank Ltd. by which while dismissing appeal, the order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that Complainant/Petitioner is manufacturer & exporter of engineering goods having current account with Opposite Party/Respondent. In pursuance of an overseas order, Complainant shipped goods vide invoice dated 12.07.2004 and submitted the export documents to Opposite Party for collection, but, Opposite Party failed to collect money and further failed to serve notice of dishonor. Alleging deficiency on the part of the Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that Complainant does not fall within the purview of 'consumer' as Complainant was using current account with Opposite Party for commercial purposes. It was, further, submitted that Complainant changed instructions for collection thrice and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed the complaint on the ground that transaction in question was a commercial transaction. Appeal filed by the Complainant was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused the record.