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2020 Supreme(Online)(NCDRC) 52

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE V.K. JAIN, PRESIDING MEMBER
WEST FORT HI-TECH HOSPITAL LIMITED – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Raghenth Basant, Advocate, Mr. Raghav Mehrotra, Advocate
For the Respondents:Mr. Hashmat Nabi, Advocate, Mr. Puneet Pankaj, Advocate

Table of Content
1. details of the complaint and its dismissal. (Para 2 , 3)
2. legal criteria for defining a consumer. (Para 4 , 5 , 6)
3. application of definitions to the complainant's activities. (Para 7 , 10)
4. legal arguments and final decision. (Para 8 , 9)
JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

The complainant/appellant is a Public Limited Company running a multi-specialty hospital in Thrissur in Kerala. The petitioner company has availed loan facilities comprising term loan, over draft and cash credit facility from Punjab National Bank, for running its business. The appellant filed a Consumer Complaint before the State Commission alleging several deficiencies on the part of the respondent Punjab National Bank in rendering services to it. The deficiencies alleged by the petitioner/complainant can be summarized as under:

Dishonour of cheques issued by the appellant company, on the ground of want of sufficient funds, despite sufficient funds being available in the account of the complainant.

Unauthorized transfers from the account of the complainant company.

Recovery of cheque return charges despite the cheque having been cleared.

Unauthorized debits in the account of the complaina











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