- (1.) S .A. Makhija, Member: 1. This complaint is filed under the provisions of the Consumer Protection Act, 1986 (hereinafter referred to as the Act for the sake of brevity.)
(2.) THE short facts of the complainant 's case are that the complainant is a registered company and had opened a Current Account with the opponent bank. The company had been taking the services of the bank for its commercial purpose. On 9.10.2003 the company detected the fraud committed by one Rajesh Tripathi in collusion with the opponent bank. In para 20 of the complaint the complainant has specifically stated in so many words that the cause of action had arisen on 21.10.2003 when the company came to know about the fraud. First and main question arising in this case is as to whether the complaint is a consumer as defined under Section 2(1)(d)(ii) of the Act in view of the Amendment Act 62 of 2002 which came into force with effect from 15.3.2003. An answer to this question can be had in the case of Economic Transport Organization v. Charan Spinning Mills (P) Ltd., reported in I (2010) CPJ 4 (SC)=II (2010) SLT 44, wherein Hon 'ble Supreme Court has laid down that when the services were availed for commercial purpose, person availing such services would not be a consumer under Section 2(1)(d) (as amended). In para 25 of the judgment the Apex Court has observed that Section 2(d) of the Act was amended by Amendment Act, 62 of 2002 with effect from 15.3.2003 by adding the words ''but does not include a person who avails of such services for any commercial purpose in the definition of 'consumer '. After the said amendment, if the services are availed for any commercial purpose then the person availing the service will not be a 'consumer ' consequently complaint will not be maintainable. In such cases Hon 'ble Supreme Court has further held in this case.... But the said amendment will not apply to complaints, filed before the amendment. ''
(3.) IN the case of Sushma Goel v. Punjab National Bank, reported II (2011) CPJ 270 (NC), Hon 'ble National Commission has held that if complaint relates to operation of Bank account maintained by commercial organization for commercial purpose, in that case the consumer will not be a consumer.;