West Bengal

Rajarhat

CC/242/2021

Ritwik Das, S/o Satyendra Kumar Das - Complainant(s)

Versus

Director, M/s Daimler Financial Services India Pvt. Ltd. - Opp.Party(s)

Mr Gobinda Dey

09 Sep 2021

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/242/2021
( Date of Filing : 31 Aug 2021 )
 
1. Ritwik Das, S/o Satyendra Kumar Das
Silver Oak Estate , Flat No. 4052, Rajarhat Main Road, OPP- Kali Park Bus Stop, Kolkata-700136, P.s- Rajarhat.
2. Satyendra Kumar Das, S/o Shri Kamal Krishna Das
Silver Oak Estate , Flat No. 4052, Rajarhat Main Road, OPP- Kali Park Bus Stop, Kolkata-700136, P.s- Rajarhat.
...........Complainant(s)
Versus
1. Director, M/s Daimler Financial Services India Pvt. Ltd.
Having its Registered office at Tek Meadows Campus, 1st Floor, Unit 1, Block B, No. 51, Rajiv Gandhi Salai, Sholinganallur, OMR Chennai-600096, P.S- J9 thoraipakkam, Tamilnadu.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 09 Sep 2021
Final Order / Judgement

The Ld. Counsel for the complainant is present.

Today is fixed for admission hearing of this complaint.

The Ld. Advocate of the complainant has advanced his argument on the point of admissibility of this complaint.

On careful perusal of the complaint along with documents as available in the record it is seen by us that the complainant did not file account statement from the non-banking Financial Company ie. Daimler Financial Services India Pvt. Ltd. Moreover in the prayer portion the complainant has not sought for NOC from the settled Financial Company. For this reason, in our view the complaint is filed by the complainant is a pre-mature complaint. Whose cause of action has not been arisen on the date of its filing.

Going by the foregoing discussion hence it is ordered that the CC 242/2021 is hereby dismissed without being admitted. There is no order as to cost.

As the complaint is not admitted the complainant is at liberty to get return the copy of the petition of complaint and the copy of the other documents as filed by him.

The complainant is directed to file a separate application before the appropriate authority in this connection.

The appropriate authority of this Ld. Commission is directed to take necessary steps upon receipt of the application from the complainant so that the complainant can get return the documents without further delay.

The complainant is  at libety to file the complaint afresh after procuring the cogent document before the appropriate Commission/Court, if not barred otherwise. 

Let plain copy be given to the parties free of cost as per CPR. 

 

 

Dictated and corrected by

 

[HON'BLE MRS. Silpi Majumder]
MEMBER

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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