New Delhi Feb 23 PTI A person availing the services of a bank for commercial purpose is not a consumer under the Consumer Protection Act the Supreme Court has saidThe apex court stated that to come within the ambit of the consumer a person will have to establish that the services were availed exclusively for earning his livelihood by means of self employmentA bench of Justices L Nageswara Rao and B R Gavai said there cannot be any straitjacket formula and such a question will have to be decided in the facts of each case depending upon the evidence placed on recordWhen a person avails a service for a commercial purpose to come within the meaning of consumer as defined in the said Act he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self employment the bench saidThe apex court said the Consumer Protection Amendment Act 2002 clearly shows that the legislative intent is to keep the commercial transactions out of the purview of the said ActIt said that at the same time the intent of the Act is also to give benefit to a person who enters into such commercial transactions when he uses such goods or avails such services exclusively for the purposes of earning his livelihood by means of self employmentThe top court was hearing an appeal filed by Shrikant G Mantri Ghar challenging the judgment and order passed by the National Consumer Disputes Redressal CommissionThe NCDRC had held that the complainant was not a consumer as envisaged under Section 21d of The Consumer Protection Act 1986The complainant a stock broker had filed a complaint against Punjab National Bank which had granted him overdraft facilityThe apex court said the relations between the appellant and the respondent is purely business to business relationshipAs such the transactions would clearly come within the ambit of commercial purpose the bench said in its judgement delivered on TuesdayIt cannot be said that the services were availed exclusively for the purposes of earning his livelihood by means of self employmentIf the interpretation as sought to be placed by the appellant is to be accepted then the business to business disputes would also have to be construed as consumer disputes thereby defeating the very purpose of providing speedy and simple redressal to consumer disputesWe therefore find no error with the findings of the Commission In any case the Commission has already granted liberty to the appellant to avail of his remedy by approaching the appropriate forum having jurisdiction In the result the appeal is dismissed the bench said PTI PKS SA

New Delhi [India], February 14 (ANI): The National Consumer Disputes Redressal Commission (NCDRC) has directed real estate firm Supertech to refund the paid-up amount with interest to the home buyers. NCDRC passed the order on a petition moved by a home buyer couple. They had booked a flat in Hilltown Project of the company at Sohana, Haryana.

pDue to this instructions have been given to pay a compensation of Rs This order has been given by Justice RK Agarwal and Dr SM Kantikar Not only this during this time the commission also took care of the income of the woman at the time of incidentp

New Delhi [India], September 24 (ANI): The National Consumer Disputes Redressal Commission (NCDRC) has directed a luxury hotel chain to pay Rs 2 crore as compensation to a woman observing that "she lost her expected assignments and suffered a huge loss which completely changed her lifestyle and shattered her dream to be a top model."

New Delhi [India], September 20 (ANI): The Supreme Court on Monday stayed the order of the National Consumer Disputes Redressal Commission (NCDRC) which had directed the production house Yash Raj Films to pay Rs 10,000 as compensation to a consumer who was aggrieved by the exclusion of the song 'Jabra Fan' from film 'Fan' starring actor Shah Rukh Khan.