Nidhaan Overseas Pvt. Ltd vs Dena Bank on 15 February, 2011
13. We have heard learned counsel for the
parties and have gone through the file carefully. The learned counsel for OP No.1 has argued
that the complainant is a commercial organization and Letters of Credit (LCs)
were obtained by it for commercial
purpose and deficiency of which services is alleged by the complainant relates to a commercial activity and
therefore complainant would be outside the purview of a consumer to file the
present complaint. On the other hand, learned counsel for complainant referred to
the cases ; Thukaram Anantha Shet Vs The Manager, Karnataka Bank Ltd.
2009(1)CPC 373 , ICICI Bank Ltd. Vs
Quality Foils India (P) Ltd. & Anr. 2008(I)CPC656 & Central Bank of
India Vs Om Sons Wires (P) Ltd. 2007(I) CLT 407 and argued that even if the complainant is running business in
connection with which the LCs were obtained from OP , the complainant would
still be a consumer if there is any deficiency on the part of OP in rendering
the service relating to the Letters of credit.