ORDER

Ajit Bharihoke, (P.M) - Ms Shameem Jahan has filed instant consumer complaint alleging deficiency on the part of the opposite party bank in relation with her loan account for Rs. 4.00 crores sanctioned on 04.08.2014 which has resulted in monetary loss to the complainant. The complainant has thus prayed for compensation of Rs. 1,23,28,000/- with 18% on the said amount.

2. On careful reading of the complaint, it prima facie appears that if the allegations of the complainant are true, then also, the services of the bank were availed for commercial purpose and, as such the complainant does not fall within the definition of 'consumer' and cannot maintain the consumer complaint. Thus, we have heard arguments on maintainability.

3. Learned Shri B S Sharma, Advocate for the complainant has taken us through the definition of 'consumer' as provided under section 2 (1) (d) of the Consumer Protection Act, 1986 ( in short, the Act) and submitted that services of the opposite party bank were not hired for commercial purpose as the loan was taken for construction of a godown to be let out to the Food Corporation of India and not for any business transaction. Secondly, it is contended that ev