West Bengal

Murshidabad

CC/173/2019

Shibo Prasanna Dey - Complainant(s)

Versus

Director, Swachha Beverages Pvt. Ltd. & Another - Opp.Party(s)

Subhanjan Sengupta

20 Dec 2023

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/173/2019
( Date of Filing : 22 Nov 2019 )
 
1. Shibo Prasanna Dey
S/o Shyama Pada Dey, 20/A, Ukilabad Road, PO&PS-Berhampore, Pin-742101
Murshidabad
West Bengal
...........Complainant(s)
Versus
1. Director, Swachha Beverages Pvt. Ltd. & Another
29/1, Kalabagan Land, 2nd floor, PO&PS&Dist-Howrah, pin-711104
West Bengal
2. Manager, Jalan Industrial Complex
3rd Gate, 5th Lane, PO-Begri, PS-Domjur, Dist-Howrah, Pin-711411
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 20 Dec 2023
Final Order / Judgement

                                                                             Case No.  CC/173/2019

20

20 .12.23

 

                Complainant and O.P. 1 are found absent on call.  Record shows that the Complainant had not been taking steps since 03.09.2020. The record further shows that the Complainant was directed several times to file requisites for issuance of fresh notice upon the O.P. No. 2 but the Complainant has not complied with the same. The record further shows that the O.P. 1 has not filed W/V for long period. Considering the said situation particularly the fact of absence of the Complainant for long period we are inclined to dispose of the instant complaint on merit.

The Complainant had started his business since 12.09.2012. He had started his business with the O.P.s by depositing a cheque bearing no. 025651 dated 12.09.2012 and deposited another cheque bearing no. 025652 dated 12.09.2012 for 20 litres water jar and another advance payment of Rs. 50,000/- through cheque no. 025653 dated 12.09.2012. Thus the Complainant had started his business with the O.P.s. His business with this O.P.s had ended on 24.11.2016 and last payment was made on 26.11.2016. The O.P.s had informed this Complainant that in Berhampore another franchise was established. Accordingly the Complainant rang to the O.P.s and even went to their office but no authority came up to meet the Complainant. Even the Complainant tried to contact through mail but failed. On 26.02.2018 the O.P.s had taken 550 pieces of empty water jars of 20 litres from the Complainant. Again the Complainant rushed to the O.P.s for settlement but again failed. At last on 30.01.2019 the O.P.s had taken 92 empty jars from the Complainant. But till date the O.P.s never sat with the Complainant for final settlement or for any sorts of settlement of accounts. Even the O.P.s had not given the gifts to the Complainant which he was supposed to get from the O.P.s for this performance in his business.

From the complaint we find that the Complainant started his business of water jar. It also appears to us that the Complainant purchased 20 litres water jars for the purpose of selling. If that be so how the Complainant can become the consumer. Such being the position the instant case is liable to be dismissed.

Hence, it is

Ordered

 

          that the complaint Case No. CC/173/2019 be and the same is dismissed on merit against the OPs.

          Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

   Dictated & corrected by me.

 

    President

 

 

                Member                                                                                                          President         

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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