DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs BARASAT.
C.C No. 36/2018
Date of Filing: Date of Admission: Date of Disposal:
18.01.2018 29.01.2018 29.01.2018
Complainant = Vs. = Opposite Parties
Mr. Tomas Kostrouch, 1. Ms. Agarwal Packers and
S/o. ZDNEK Kostrouch, Movers DRS Group of
Kovarovicova, M/s. Agarwal.
House No. 256, 2. Mr. V. K. Mishra, Regional
Domazlice C Zech Rep, Manager.
Pin-34401. 3. Ms. Sebanti Basu, Assistant of
M/s. Agarwal, 2/4, Block-GP,
Netguru Building, 1st floor,
Sector-V, Salt Lake City,
Dist- North 24 Pgs,
Kolkata- 700091.
P R E S E N T :-Siddhartha Ganguli…..……………Member.
:- Smt.Silpi Majumder ……………….Member.
Order No- 1
The Ld. Counsel for the Complainant is present. We took up the complaint for admission hearing. At the time of hearing on the point of admissibility of the instant complaint it is seen by us that the Complainant availed of the service of the OP for commercial purpose transporting 5756 pieces of gamchas of different sizes and designs worth of Rs. 3,57,000/-.
In view of the definition of the ‘Consumer’ as enumerated in the Consumer protection Act, 1986 wherein it is enumerated that the person hires or avails of any services for any commercial purpose, does not come under the purview of the definition of ‘Consumer’ C.P. Act, 1986. Within the four corners of the complaint, it is mentioned by the complainant that the complainant availed of the said service from the O.P for earning his livelihood by means of self-employment.
As the complainant has hired the service of the O.P for commercial purpose, hence he cannot be consumer under the Consumer Protection Act, 1986.
Hence it is ordered that the Consumer Complaint No-36 /2018 is hereby dismissed being not maintainable and without being admitted. However, the Complainant is at liberty to appropriate Court / Forum/ Commission, if not barred otherwise.
Let plain copy be given to the parties free of cost as per CPR, 2005.
Member Member
Dictated and corrected by
