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2022 Supreme(SC) 206

B. R. GAVAI
Shrikant G. Mantri – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
For the Appellant(S) : Ms. Nandini Gore, Adv. Ms. Sonia Nigam, Adv. Ms. Neha Khandelwal, Adv. M/S.Karanjawala & Co., AOR
For the Respondent(s): Mr. Mohit Chaudhary, AOR

JUDGMENT :

B.R. GAVAI, J.

1. The present appeal filed by the appellant-complainant challenges the judgment and order dated 1st June, 2016, passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as “the Commission”) in Consumer Complaint No.55 of 2006, thereby holding that the appellant-complainant was not a consumer as envisaged under Section 2(1)(d) of The Consumer Protection Act, 1986 (hereinafter referred to as “the said Act”). As such, by the impugned judgment and order, the complaint of the appellant has been dismissed being not maintainable.

2. The facts in the present case are not in dispute. The bare necessary facts for adjudication of the present appeal are as under:

3. The appellant-complainant had opened an account with erstwhile Nedungadi Bank Limited (hereinafter referred to as “the erstwhile Bank”) in the year 1998. The appellant is a stockbroker by profession. The appellant had applied for an overdraft facility on 25th April, 1998, in connection with his day-to-day share and stock transactions. It is not in dispute that the said overdraft facility was sanctioned by the erstwhile Bank to the appellant-complainant initially for an

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