SHANTHA PROJECTS LTD. Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Arguments on admission heard. M/s Shantha Projects Ltd., is a company incorporated under the provisions of a Company Act., has filed the instant consumer complaint under section 21 (a) (i) of the Consumer Protection Act, 1986, alleging deficiency of service on the part of the Opposite party ­ State Bank of India in respect of a business loan taken by the complainant/ company.

(2.) The term Consumer for the purpose of Consumer Protection Act, 1986 as defined in section 2 (1) (d) is as under:

(3.) On reading of the above, it is clear that a person is a consumer who buys any goods or hire or avails of any service for consideration but does not include such person if he buys goods or hire or avail of service for commercial purpose. In the instant case as per the allegations, the alleged deficiency in service is in respect of commercial transaction, i.e., industrial loan account. Therefore, it is obvious that complainant has availed of the service of the opposite party for a commercial purpose. As such he cannot be termed as a consumer as envisaged under section 2 (1) (d) of the Consumer Protection Act. As the complainant is not a consumer, he cannot maintain a consumer complaint.