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1 - 10 of 22 (0.31 seconds)Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995
14. The Hon‟ble Supreme Court in Laxmi Engineering Works vs.
PSG Industrial Institute, (1995) 3 SCC 583, and more recently
in Shrikant G. Mantri vs. Punjab National Bank, CA No.11397 of
2016, has considered what is relevant is the dominant intention or
dominant purpose behind availing the goods or services. The identity of
the purchaser, the scale of transaction, or the quantum involved is not
conclusive. Applying the said test to the facts of this case, we find that
the grievance of the Complainant does not arise out of any credit
facility, loan transaction, cash credit limit, banking service for
expansion, production or profit generation. The complaint pertains to
refusal of OP to accept deposit of cash during demonetisation period in
a KYC-compliant account, despite express permissions granted vide
RBI notification dated 08.11.2016.
Vivek Narayan Sharma vs Union Of India on 2 January, 2023
19. The Constitution Bench of Hon‟ble Supreme Court in Vivek
Narayan Sharma & Ors. vs. Union of India, 2023 SCC OnLine SC 1
has authoritatively examined the scope and effect of the framework of
demonetisation wherein it was held:
Section 2 in The Consumer Protection Act, 1986 [Entire Act]
The Companies Act, 1956
The Specified Bank Notes (Cessation Of Liabilities) Act, 2017
The Consumer Protection Act, 1986
Procure Logistic Services Private ... vs Reserve Bank Of India And Ors Chief ... on 21 January, 2019
6. The OP filed its evidence on Affidavit and relied on the Reserve
Bank of India Circular dated 08.11.2016 (Ex RW1/1), order of Hon‟ble
Supreme Court in Vivek Narayan Sharma Vs. Union of India, WP (Civil)
No. 906 of 2016, dated 16.12.2016 (Ex RW1/2), current status of
Procure Logistics Services Private Limited Vs. Reserve Bank of India
and Ors. WP (Civil) No. 260/2017 as available online (Ex RW1/3), order
dated 21.01,2019 passed by the Hon‟ble Supreme Court in Procure
Logistics Services Private Limited Vs. Reserve Bank of India and Ors,
master circular on KYC Norms dated 01.07.2013 (Ex RW1/5), deposit
form filled out by the Complainant for cash deposits and documents
submitted at such time during demonetization (Ex RW1/6), letter from
CC/2755/2018 Page 7 of 25
RBI dated 25.01.2017 (Ex RW1/7), response to this letter by OP dated
02.03.2017 (Ex RW1/8), RBI Circular on enhanced due diligence DBR.
AML.BC. 48/14.01.01/2016-2017 dated 15.12.2016 (Ex RW1/9) and
Specified Bank Notes (Cessation of Liabilities) Act. 2017 (Ex RW1/10).
M/S V And S International (P) Ltd., vs Axis Bank on 9 May, 2019
In M/s V
and S International (P) Ltd. vs. Axis Bank, CC No. 56 of 2013, this
Commission has held that the question whether the service availed
through a Current Account is for a commercial purpose has to be
decided on the facts of each case. A Pvt Ltd Co. can also be a
"consumer" where the transaction complained of does not have a
direct/proximate nexus with profit generation. It was observed: