West Bengal

Kolkata-I(North)

CC/25/2023

Ashis Das - Complainant(s)

Versus

Branch Manager, Maadhur Express - Opp.Party(s)

Pradip Maity

02 Mar 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/25/2023
( Date of Filing : 15 Feb 2023 )
 
1. Ashis Das
Proprietor of M/S. A. K. Das & Company, 74/4/15/1, Thakur Ramkrishna Lane, Charabagan, Howrah - 711104.
...........Complainant(s)
Versus
1. Branch Manager, Maadhur Express
1, British India Street, SH No. - G-39, P.S. - Hare Street, Kolkata - 700069.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 02 Mar 2023
Final Order / Judgement

Order no.2                Dated  02.03.2023

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused and considered the complaint application.

Heard Ld. Advocate for the complainant.

Ld. Advocate for the complainant submits that the complainant  had sent a consignment through the opposite party to Jaypee Bina Thermal Power Project, SAGAR (MP), on 23.02.2021 but the said consignment never reached to Jaypee Bina Thermal Power Project, SAGAR (MP). The opposite party provided deficiency in service to the complainant.

Therefore, the complainant has been compelled to file the case.

On perusal of the application for complaint and the documents annexed thereto, we find that on 23.02.2021 A.K. Das & Co. sent a parcel weighing 52 kg 400 gm to Jaypee Bina Thermal Power Project, SAGAR (MP) and paid freight charge Rs.2,350/- (Rupees two thousand three hundred fifty) only to ‘Madhur Express’.

On careful scrutiny we find that the name of the complainant and the opposite party has not been properly mentioned in the cause title of the complaint application.

We further find that the A.K. Das & Co. sent articles/goods of his business to Jaypee Bina Therrmal Power Project, SAGAR (MP).

Therefore, A.K. Das & Co. cannot be a consumer in terms of section 2(7) of the Consumer Protection Act, 2019.

Having considered the above, we are of the opinion that this commission lacks jurisdiction to try the case.

Therefore, the instant complaint case cannot be admitted.

Hence, it is

O R D E R E D

 that the complaint case be and the same is dismissed without cost.

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

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