West Bengal

Burdwan

CC/72/2024

Ujjal Mallick. - Complainant(s)

Versus

1.Easy Pay Pvt. Ltd & Others. - Opp.Party(s)

Purnima Khatun

30 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Complaint Case No. CC/72/2024
( Date of Filing : 16 May 2024 )
 
1. Ujjal Mallick.
S/O Rabiul Mallick, Vill. Tentulmuri, P.O. Mohara, P.S. Galsi.713428.
Purba Bardhaman
West Bengal
...........Complainant(s)
Versus
1. 1.Easy Pay Pvt. Ltd & Others.
1, Rangin Park Part4, S.G.Highway, Ahmeadabad, 380054.Rept. by its M.D.
Anmeadabad.
Gujrat.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 30 May 2024
Final Order / Judgement

Order Date: 30 .05.2024

 

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present and advanced the hearing of admission.

Heard the Ld. Advocate for the complainant.

Perused the complaint and the Xerox copies of the documents so filed by the complainant.  

            It appears that the complainant is a small businessperson who engages in different filed of business to maintain his livelihood. The OP Nos. 1 & 2 gave a proposal to work with their ‘Correspondent Agent’. They also issued one certificate to the complainant where Yes Bank Ltd. was also involved in the system They also issued one BCA Code vide No. EASUJJ 2261589 . As per agreement /contract, complainant withdrew the money of public from their bank account which was credited to complainant‘s account and the complainant give case instantly to the public from his own pocket. For the same, the complainant gets a small commission from the Easy Pay. After sometimes Easy Pay without giving any prior intimation to the complainant, locked the complainant’s code, for which about a sum of Rs.30, 000/- locked in complainant’s bank. The complainant already paid the said amount from his pocket to the general public, but thereafter, he could not withdrew neither his original money i.e about Rs.30,000/-  nor any commission.  Repeatedly, the complainant is trying to withdraw the money from the APP but every time one error showed in his Mobile.

            From the facts of the complaint as well as the Cause Title of the complaint, it is clear that it is business-to-business transaction between commercial entities. According to the nature of the business , the complainant is an “Agent” as per his admission and from the Xerox copy of the documents and the complaint, it appears that both the parties are dealing in business  and the motto of business is to earn profit and it is not possible to do such business by means of self-employment to maintain his livelihood.

           

            Under the above facts and circumstances, we are of opinion that the complainant is not a  Consumer” under the Section of 2(7) of the Consumer Protection Act, 2019 as his business entity is used for “Commercial Purpose”. Therefore, this case is not come under the purview of the C.P. Act, 2019 and there is another proper Forum to agitate the matter.

            Hence,  it is

                                                            ORDERED

that this complaint case be and the same is not admitted and thus disposed of.

            Let a copy of this order be given to the complainant on free of cost.

                              

 

            Member                                                  Presiding-Member              

  D.C.D.R.C., Purba Bardhaman                D.C.D.R.C., Purba Bardhaman

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.