SACHETA METALS LIMITED Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) This first appeal has been filed under section 19, read with section 21(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 05.03.2015, passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (hereinafter referred to as "the State Commission") in Consumer Complaint No. 15/2015, M/s. Sacheta Metals Ltd. vs. ICICI Bank Ltd., filed by the present appellant, vide which, the said complaint was ordered to be dismissed on the ground that the appellant/complainant is a manufacturing Company and carrying on commercial activities by manufacturing products for commercial purpose and hence, the consumer fora had no jurisdiction to entertain such complaints under the Consumer Protection Act, 1986.

(2.) Briefly stated, the facts of the case as stated in the consumer complaint itself are that the complainant/appellant is a Company registered under the Companies Act, 1956 and dealing in business of manufacturing and export of aluminium ingots, stainless steel sheets, circles, utensils, casting, non-stick items and other housewares items etc. The complainant placed an order for aluminium ingots from a Company called M/s. Huahai International Holding Ltd., China. For the purpose of the transaction, a Letter of Credit (LC) was opened by the complainant with the opposite party (OP) ICICI Bank Ltd. It is stated that when the goods sent by the Company from China arrived at ICD, Ahmedabad, the complainant made inspection of the said goods, but they found that the goods delivered by the said Company were cement sheets with iron rods and not aluminium ingots, against which the LC had been issued for US $41875. The complainant intimated to the OP Bank immediately to stop payment for the goods, or to delay the payment till the actual goods, as per the proforma invoice were received from the Chinese Company. However, the OP Bank refused to stop the said payment to the seller. The complainant filed the consumer complaint in question, alleging deficiency in service on the part of the ICICI Bank and sought directions against them to remit them a sum of Rs. 30 lakhs and Rs. 5 lakhs as compensation for deficiency in service, alongwith interest @ 18% per annum, in addition to Rs. 5 lakhs as compensation for mental agony etc. The State Commission, vide impugned order dated 05.03.2015, dismissed the said consumer complaint and held in their order as follows:-

(3.) Being aggrieved against the said order of the State Commission, the complainant are before us by way of the present first appeal.