West Bengal

Kolkata-I(North)

CC/13/2023

Soumen Das - Complainant(s)

Versus

Biswas Furniture and another - Opp.Party(s)

Abhishek Shaw

10 Feb 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/13/2023
( Date of Filing : 01 Feb 2023 )
 
1. Soumen Das
S/o Late Manmatha Nath Das, 2A, Chnadra Nath Simlai Lane, P.S. - Chitpore, Kolkata - 700002.
...........Complainant(s)
Versus
1. Biswas Furniture and another
Proprietor Sri Goutam Biswas, 4C, Northern Avenue, P.S. - Chitpore, Kolkata - 700037.
2. Sri Goutam Biswas
Proprietor of Biswas Furniture, 4C, Northern Avenue, P.S. - Chitpore, Kolkata - 700037.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 10 Feb 2023
Final Order / Judgement

Order No. 2           

The case is taken up for admission hearing.

Perused and considered the complaint application.

Heard the Ld. Advocate for the complainant.

The complainant has filed the instant complaint case on the prayer for a direction upon the opposite parties to return the goods mentioned in the schedule of the complaint after repairing and polishing of the same within a stipulated period inter alia with other reliefs.

It has been alleged by the complainant that he entrusted his antic furniture having artistic handmade engraved design valued about Rs.3,60,000/- (Rupees Three Lakh and Sixty Thousand) only with the opposite parties for repairing and polishing of the same. The complainant alleged that the opposite parties damaged the furniture by removing its original artistic engraved handmade design. In paragraph 13 of the complaint the complainant specifically stated that the opposite parties returned the furniture to the complainant in damaged condition.

However, it is apparent on the face of the record that the prayer of the complainant is contradictory to the averment made in paragraph -13 of complaint application. Moreover, no document has been filed by the complainant to prove prima facie that he handed over the furniture to the opposite parties with artistic engraved handmade design for repairing and polishing.

Having regard to the discussion made above, we are of the opinion that the complaint application is devoid of any merit.

Therefore, the complaint application could not be admitted.

Hence, it is

                                                O R D E R E D

that the complaint case be and the same is dismissed.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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