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J.M.MALIK, S.M.KANTIKAR
Kishore Kumar Kochar – Appellant
Versus
State Bank of Bikaner & Jaipur – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. S. Mukherjee, Advocate
For the Opp.Party:Mr. Jai Mohan, Advocate.

ORDER

J.M. Malik, Presiding Member—The preliminary question raised by the counsel for the OP is that the complainant, which is a private company, transacts the business of international trade. The transaction in question is purely ‘commercial’. The Consumer Commission cannot arrogate to itself the powers which it does not enjoy. It was explained that this Commission has no jurisdiction and, therefore, the case should be dismissed on this short count itself.

2. Sh. Kishore Kumar Kochar, the complainant is the Sole Proprietor of M/s. Mithashu Exports India, Delhi. He is engaged in the business of International Trade in food grains, etc. After intensive labour and efforts, including foreign travel and related expenses, he was able to finaIise export orders to the tune of USD 900 million (approx.), for export of food-grains from India to South Africa. Copy of the contract, dated 08.07.2002 issued by M/s. Tanaka Resources Ltd., South Africa, covering the entire agreed export consignment, marked as Annexure – A, is attached. This achievement of the complainant was lauded by the Government of India vide Communication dated 10.12.2002, copy of which has been placed on record as Annexure – B.

























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