VidhiSangh

Supreme Court of India · 22/02/2022

SHRIKANT G. MANTRI versus PUNJAB NATIONAL BANK

[2022] 5 S.C.R. 945 · 2022 INSC 217

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Summary

A stockbroker sought consumer relief against a bank concerning shares pledged for an overdraft used to expand his business. The Court held that the banking services were availed for a commercial purpose and did not meet the exception for services used exclusively to earn livelihood through self-employment. That exception is factual, with no rigid formula, but the established business-expansion purpose defeated this claim. Dismissal of the consumer complaint was upheld, preserving recourse to an appropriate forum.

Issues

  1. Whether the overdraft transaction was for a commercial purpose.
  2. Whether the exclusive livelihood through self-employment exception brought the stockbroker within the consumer definition.
  3. Whether rejection of consumer jurisdiction foreclosed other remedies.

Provisions considered

Held

Result

Appeal dismissed without costs; consumer complaint held not maintainable. Liberty to pursue relief before an appropriate forum preserved; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 945.