Current Account holder
Soma
(Querist) 09 January 2010
This query is : Resolved
a current account holder (Mr. B) in the name of M/s.XXXX a proprietorship firm.
Bank dishnoured cheque even if there was sufficient balance.
Whether a current account holder who hold the account under the name of proprietorship firm is a consumer? (C.P.Act)
Any senior can provide relevant case law?
District Forum saying the complainant is holding the account for business purpose and hence he is a nconsumer.
Soma
(Querist) 09 January 2010
....MISTAKE ...NOT A CONSUMER
adv. rajeev ( rajoo )
(Expert) 09 January 2010
the view of the consumer forum is wrong. It is a current account, such a/cs will be for only business purpose, any commercial activities does not come under the consumer act.
Devajyoti Barman
(Expert) 09 January 2010
Since the proprietary concern does not have any separate legal identity than that of the proprietor himself,the lodging of the complaint before the Consumer Forum will have to be either against the name of the proprietor himself or the proprietary concern itself but must be represented by the proprietor himself. The commercial transaction can indeed be brought before the Forum if it discloses the deficiency of service.
PJANARDHANA REDDY
(Expert) 09 January 2010
BANK'S ALL A/C HOLDERS ARE CONSUMERS ONLY,WHETHER WHAT EVER BE THE NATURE OF A/C.
Soma
(Querist) 09 January 2010
To day the District Forum passed the order rejecting the complaint holding that current account holders in the name of business firm are not consumer.
I decided to appeal to State Commission.
Any case similar decided case by National Commission?
