Tribunals and Commissions(2004) 03 NCDRC CK 0084

BENGAL MILLS STORES SUPPLY CO. vs Nedungadi Bank Ltd.

National Consumer Disputes Redressal Commission · Decided on 18 March 2004 · Citation: 2004 4 CPJ 351

HON’BLE JUDGES
M.S.Rane , V.K.Data J.

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Judgment

4 paragraphs · 195 words
1.

COMPLAINANT is a commercial entity and partnership firm and has filed this complaint on 4.7.2003 alleging deficiency in service against the O.P. Bank. However, in view of recent amendment to Section 2(1)(d) of Consumer Protection Act, 1986, which have been brought into force w.e.f. 15th March, 2003 Commercial entities, even hirer of services cannot file the complaint before the Consumer Fora. That being so, we order return of the complaint to the complainant for presentation before the appropriate Forum. ORDER 1. We hold that complaint as filed is not maintainable before this Commission.

2.

WE order return of the complaint to the complainant for being presented before the appropriate Forum. Registry of this Commission shall return the proceedings in the complaint to the complainant and/or their Authorised Representative on 1.4.2004, on which date complainant shall arrange to receive the proceedings in the complaint without fail.

Four weeks time thereafter will be available to the complainant to approach the appropriate Forum.

3.

IT is clarified that the complainant will be entitled to the benefit as provided under Section 14 of Limitation Act. Copies of the order herein to be furnished to the parties. Complaint returned.