West Bengal

Kolkata-I(North)

CC/270/2022

Asmir Ali Bhunia - Complainant(s)

Versus

Eicher Ve Commercial Vehicle Ltd. and 3 others - Opp.Party(s)

Kazi Sajjad Alam, Sayan Paul

14 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/270/2022
( Date of Filing : 23 Sep 2022 )
 
1. Asmir Ali Bhunia
S/o Mahasin Bhunia, Village - Sahana-Raghunathpur, P.O. - Balitha, P.S. - Kotulpur, Dist.-Bankura, Pin - 722141. And at 6, Taltala Bazar Street, P.O. & P.S. - Taltala, Kolkata - 700014.
...........Complainant(s)
Versus
1. Eicher Ve Commercial Vehicle Ltd. and 3 others
80/A, Bondel Road, Ballygunge Place, Ballygunge, Kolkata - 700019.
2. The Manager, Eicher Ve Commercial Vehicle Ltd.
Authorised Dealer, P757P 5JR, P.S. - Dankuni, Cole Complex, Dankuni Bil, District - Bankura, Pin - 722141.
3. Mahindra & Mahindra Financial Services Ltd.
Old Kid Street, 7, Dr. Ishaque Road, 4th Floor, Near MLA Hostel, Park Street Area, P.S. - Hare Street, Kolkata - 700016.
4. The Branch Manager
Mahindra & Mahindra Financial Services Ltd., Ground Floor, Jhaparmore, Bishnupur, Mayrapukur Road, P.S. - Bishunupur, District - Bankura, Pin - 722122.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 14 Mar 2023
Final Order / Judgement

Order No.3                         Dated:14/03/2023

Ld. Advocate for the complainant is present.

It appears from the record that Misc. Application being No.MA/153/2022 has been rejected.

The case is taken up for admission hearing.

Perused and considered the complaint application.

Heard the Ld. Advocate for the complainant.

It has been stated by the complainant that he purchased a commercial vehicle from the opposite parties on 07/01/2020 having its Registration No. NL01AE3711 registered in Kohima R.T.O, Government of Nagaland.

The said diesel vehicle is a trailer multi axle (truck) and hypothecated by Mahindra & Mahindra Financial Services Limited, Kolkata, West Bengal.

It is a further case of the complainant that a sum of Rs.32,50,000/- (Rupees Thirty Two Lakh and Fifty Thousand) only was sanctioned as loan for the said vehicle and the complainant due to financial stringency is unable to pay the instalments and requested the opposite parties to reducing the amount of instalment.

Hence, this case.

On perusal of the complaint it appears that the complainant has purchased a commercial truck from the opposite party nos.1 and 2. Nowhere in the complaint, the complainant stated that he purchased commercial vehicle for his livelihood by way of self employment.

Moreover, we do not find any allegation against the opposite parties which constitute deficiency in service.

Therefore, complainant is not a consumer in terms of Section 2(7) of the C.P. Act,2019.

Hence, the case cannot be admitted.

Thus the instant complaint case stands rejected.

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

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