D.K. Jain, J. President—The Complainant, a proprietorship concern, carrying on business under the name and style of Utkal Nirman, has preferred this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), against the order, dated 27.08.2009, passed by the State Consumer Disputes Redressal Commission, Orissa at Cuttack (for short, “the State Commission”) in Consumer Complaint No. 100 of 2007. By the impugned order, the State Commission has dismissed the Complaint in limini, on the ground that the Petitioner having availed of services of the Respondent Finance Company for “commercial purpose”, he is not a “Consumer” as defined by the Act and, therefore, the Complaint is not maintainable.

2. The case of the Petitioner, in brief, is that on 12.09.2005, he had availed of a loan facility of Rs.10,50,000/- from the Respondent Finance Company for purchasing a Ashok Leyland truck chassis. As per the loan agreement, the Petitioner was required to pay to the Finance Company, equated monthly instalments (EMI) of Rs.27,075/- each, on or before 12th of every calendar month, in 46 installments, commencing from 12.09.2005 and ending on 12.07.2009. How