District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 6/2016
Manorama Ghose (Das)
W/o Amal Chandra Das
Vill.& PO: Chakvrigu (Madhyapara)
P.S.: Balurghat,
Mob. No. 9475612707
Dist. Dakshin Dinajpur- 733102 ………………Complainant(s)
V-E-R-S-U-S
1. Alchemist Ltd.,
B.C.D.A. Building, Mini Market Balurghat,
Ph. No. 03522-256110
Dist.: Dakshin Dinajpur- Pin-733101,
2. Mr. Paramjit Singh,
Alchemist Township India Ltd.,
Sco- 52-53, Sector-9D
Chandigarh-160017, Ph. No. 0172 6660000
3. Nupur Sarkar (Agent Code- 0010010713)
W/o Atanu Sarkar
Mob. No. 9434963235
Vill: Lalpur, PO: Trimohini, PS: Hili
Dist.: Dakshin Dinajpur, Pin-733126, ………Opposite Parties
Ld. Advocate(s):
For complainant ……………… - In person
For OP Nos. 1 to 3 ……………… - None
Date of Filing : 05.04.2016
Date of Disposal : 07.04.2016
Contd…P/2
Judgment & Order dt. 07.04.2016
The complainant has filed a complaint u/s 12 of CP Act, 1986. The fact of the case is that the OP No. 1 received the amount of Rs.1 lakh from the complainant on 7.12.2012 and a document was handed over to the complainant with the assurance that the amount would be returned on 7.12.2015. Since, the complainant did not receive any amount in spite of claim made from the OP No. 1, the complainant had to file this case praying for return of the amount as well as compensation.
In support of the case the complainant filed some documents including certificate issued by the OP No.1, a Lawyer’s letter demanding the amount from the OPs.
Considering those documents along with the pleading has made in the complaint the complainant has prayed for admitting the case and issuance of Summons upon the OPs.
On the perusal of the complaint as well as documents it appears that the OP No. 1 issued a certificate upon which the complainant has relied states that the complainant becomes co-sharer in respect of undivided share in land measuring the area of 1.76220 Kanals at Behanta & Tila, Tehsil Kolaras, District Shivpuri, Madhya Pradesh and in the said certificate it was mentioned that the complainant paid the amount for development of the land and the expected value of the undivided share after development will be Rs.1 lakh.
Considering the said document as well as the instruction mentioned on the backside of the said certificate it was mentioned that for registration of transfer of share represented by a letter of allotment the transferee shall apply to the company. Considering the said fact coupled with the language used in the said transfer certificate does not make out any case that the claim of the complainant can be considered
Contd…P/2
to be redressed by invoking the provision of u/s 12 of CP Act and there is no material in the complaint itself that there is any deficiency in service or there is any right accrued to the complainant to avail of benefit as laiddown in CP Act.
Having regard to the said fact that since the dispute between the complainant and the OPs is said to be a civil dispute or complainant can ventilate her grievance before registrar of companies.
Accordingly, we are not inclined to admit this complaint and to issue any process against the OPs.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.6/2016 is dismissed as it is not maintainable.
Let a plain copy of this order be furnished to the parties forthwith free of cost
Dictated & corrected
………….….…….
(S. N. Chatterjee)
President
We concur,
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(S. Saha) (S. Ganguli)
Member Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
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FREE COPY [Reg. 18(6)]
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