01-09-2015 – Heard, Mr. Amit Kumar Verma, learned counsel appearing for the complainant on the point of admission.   

2.       The case of the complainant in short is as follows. He purchased a Bus from Standard Finance Company, Allahabad. On 27.01.06, it was illegally taken away from the Jamtara Bus Stand, by Das Motor, Asansol, on behalf of the O.P. and a copy of repossession of Bus and the inventory list was handed over to the driver. About the said illegal action of O.P., the complainant lodged a sanha against Das Motor. He also filed complaint case before learned C.J.M., Jamtara, in which certain orders were passed. Accordingly, the Officer In-charge, Jamtara Police Station directed the proprietor Das Motor not to displace the vehicle without further order. However, due to non appearance of the counsel of the complainant regularly, the said complaint case was dismissed. Thereafter, the O.P. filed Title Suit being T.S. No. 640/2006 before the learned City Civil Court, Calcutta for temporary injunction, which was heard and dismissed on 22.5.2006. Against this, the O.P. moved before the Hon’ble Calcutta High Court through F.M.A. No. 974/2006 but after hearing both the parties, the appeal was dismissed on 1.2.2011.The said Bus of the complainant was claimed by one Chanda Chattopdhyay on the basis of forged documents and on the ground that she purchased the Bus from one Gopal Singh and entered into hire purchase agreement with O.P. She in collusion with Das Motor and O.P. took away the Bus from Jamtara Bus Stand. The complainant made enquiry regarding ownership of Chanda Chattopdhyay at R.T.O, Asansol, from which it revealed that there was no record regarding the said Bus. In this way, according to the complainant, the O.P. has illegally taken and detaining the Bus inspite of dismissal of the said Title Suit and the Appeal. Due to such illegal act, the complainant has suffered irreparable loss due to cancellation of some contracts. The complainant sent legal notice but did not receive any reply.  It is further alleged that Chanda Chattopdhyay has dishonestly cheated him and illegally made forged document of ownership of the Bus with criminal conspiracy. The complainant also filed Criminal Complaint Case against O.P. and others.  

             In these circumstances, the complainant has filed this complaint for direction to the O.P. to return the Bus to the complainant and also pay compensation of Rs. 26 lacs with interest etc. The complainant has further said that he moved before the District Consumer Forum, Jamtara, in which notice was issued but he withdraw the petition to file it before this Commission in view of pecuniary jurisdiction. 

3.       From the aforesaid narration, it appears that certain civil/ criminal cases were/ are going on between the parties.

4.       In the circumstances noticed above, in our opinion, this complaint case is not maintainable under the Consumer Protection Act.

           However, the complainant may move before the appropriate Civil/ Criminal Court for redressal of his grievance, as per the law.

          With this observation, this complaint is dismissed.

                          Issue free copy of this order to all concerned for information and needful.

                   Ranchi,

                   Dated:-01-09-2015