West Bengal

Rajarhat

CC/210/2020

Abhranil Mukherjee - Complainant(s)

Versus

Customer Support,Extra Marks Education India Pvt. Ltd. - Opp.Party(s)

Mr. Supratik Sinha Ray, Mr. Sankar Narayan Saha

01 Oct 2020

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/210/2020
( Date of Filing : 10 Sep 2020 )
 
1. Abhranil Mukherjee
Residing at 1st Floor, 950, Purba Sinthee Road, P.O- Ghughudanga, P.s- Dum Dum, Dist- North 24 parganas, Kolkata-700030.
...........Complainant(s)
Versus
1. Customer Support,Extra Marks Education India Pvt. Ltd.
office at Kolkata lying and Situated at 4B, Building 3rd Floor, Ecospace Business park Premises, AA-II, Kolkata, west Bengal, Pin-700156.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Silpi Majumder PRESIDING MEMBER
 HON'BLE MR. Abinash Chandra Sarkar MEMBER
 
PRESENT:Mr. Supratik Sinha Ray, Mr. Sankar Narayan Saha, Advocate for the Complainant 1
 
Dated : 01 Oct 2020
Final Order / Judgement

          This Complaint is filed by the Complainant under Section 35 of the CP Act, 2019 alleging deficiency in service as well as unfair trade practice against the Op.

At the time of admission hearing it is seen by us that this Complaint is filed by the Complainant against a Juristic Person. No Designation/Chair/Post of the said Juristic Person is mentioned in the Cause Title of the Complaint. As per Settled Law the Complaint cannot lie or maintainable against a Juristic Person, rather the Designation/Chair of the said Juristic Person should be mentioned din the Cause Title of the Complaint, otherwise the Complaint cannot be properly adjudicated upon. On the ground after disposal of the Complaint the order cannot be executable. Under this circumstance the Complaint files an application praying for withdraw of the Complaint subject to liberty to file afresh in a proper manner.

          Be it mentioned that at the time of admission hearing it is noticed by us that the Complainant did not file any brochure of his admission with the Op. Therefore the Complainant should be very vigilant to file the brochure in future if applicable.

          We have carefully considered the application filed today by the Complainant and in our opinion that there is no bar to allow the application praying for withdrawal of the Complaint subject to liberty.

          Hence it is ordered that the Consumer Complaint being no. CC/210/2020 is hereby dismissed as withdrawn in view of the application filed by the Complainant without being admitted. There is no order as to costs.

          It is pertinent to mentioned that as the Complaint is not admitted the Complainant is at liberty to get return the copy of the Complaint and copy of the other related documents as filed during its filing from the competent authority of this Ld. Commission. But in this context the Complainant shall file a separate application. Upon receipt of the application from the Complainant the Competent authority of this Ld. Commission is directed to take immediate steps so that the Complainant can get return the copy of the Complaint and copy of the documents without any further delay.

 

Let a plain copy of this judgment be given to the parties free of cost as per CPR 2005.

 

   Dictated and corrected by

 

Hon’ble Mrs. Silpi Majumder

          Member

 
 
[HON'BLE MRS. Silpi Majumder]
PRESIDING MEMBER
 
 
[HON'BLE MR. Abinash Chandra Sarkar]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.