West Bengal

Purba Midnapur

CC/71/2014

Anit Sengupta - Complainant(s)

Versus

JAY BHARAT SPICES Pvt. Ltd. - Opp.Party(s)

04 Sep 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/71/2014
 
1. Anit Sengupta
S/o Lt. Abani Mohan Sengupta Vill.- Monoharchak P.O. & P.S.- Contai Dist. Purba Medinipur
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Ashok Kumar Bhattacharyya, W.B.H.J.S. PRESIDENT
 HON'BLE MRS. Syeda Shahnur Ali,LLB MEMBER
 HON'BLE MR. Sri Rituraj Dey, M.A. Eng. MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

The complainant herein is the Power of Attorney holder of his wife (one Nupur Sengupta) who is the proprietor of a business under the name and style of “Consumer Care” for resale of spices.

The ld. Advocate on behalf of the complainant made his submissions and filed all relevant documents (photocopies) in support of his case. Heard the ld. Advocate for the complainant in full over the admission hearing of the instant case. On going through the documents the petition of complaint we find that the Registration Certificate filed by the complainant and issued by the Central Tax (Registration & Turnover) Rules 1957 goes to certify that Consumer Care (the above business of the complainant’s wife) is mainly for retail distribution as resaler under the class of (a) for resale spices. As such in conformity with the definition of Consumer under Sec 2(1)(d)(i) of the C.P. Act, 1986, the complainant is not a ‘consumer’ within the preview of the definition in view of the fact it is specifically mentioned in the said provision that a person who obtains good for resale does not include as consumer under Sec 2(1)(d)(i) of the C.P. Act, 1986.

Considering the circumstances, as aforesaid, this case is inadmissible for further proceedings since not maintainable on the reason as mentioned above. Therefore, the instant petition of complaint being figured as CC – 71/2014 is dismissed.

 
 
[HON'BLE MR. JUSTICE Sri Ashok Kumar Bhattacharyya, W.B.H.J.S.]
PRESIDENT
 
[HON'BLE MRS. Syeda Shahnur Ali,LLB]
MEMBER
 
[HON'BLE MR. Sri Rituraj Dey, M.A. Eng.]
MEMBER

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