DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO. 249/2018

Date of Filing:                                       Date of Admission:                               Date of Disposal:

08.06.2018                                              18.06.2018                                            20.06.2018

Complainant:-              1.       Sri Bhola Ghosh,

                                                Aged about- 36 years,

                                                Son of Upendra Ghosh,

                                                Residing at Shimulpur,Thakur Nagar,

                                                P.S- Gaighata, Pin- 743287

                                                District- North 24 Parganas

  =Vs.=

O.P/s:-                           1.       Lexus Motors Private Limited,

                                                Head Office at

209, AJC Bose Road,

Kolkata- 700017, also its Branch Office at

Kalopur, P.O & P.S- Bongaon,

District- North 24 Parganas,

Pin- 743235

P R E S E N T :-  Bankim Chandra Chattopadhyay………..…..President.

:-  Smt. Silpi Majumder  ………………………Member.

Final Order & Judgment

The Complainant is present. We have heard the point of admissibility of this complaint. This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OP. During hearing the Complainant has submitted that the questioned vehicle was purchased by him for commercial purpose. We have noticed that within the four corners of the petition of complaint no where it is written that the vehicle was purchased by him for the purpose of earning his livelihood by means of self employment.  So in view of the Section 2(1) (d) (ii) of the Consumer Protection Act, 1986 the Complainant cannot be termed as 'Consumer' as the service was availed of from the OP by the Complainant for commercial purpose. Thereafter as the Complainant is not a Consumer as per the definition of Consumer as enumerated in the Consumer Protection Act, 1986, hence this complaint cannot be treated as Consumer Complaint.

Cont…….2

:2:

Hence it is ordered that the Consumer Complaint being no-249/2018 is hereby dismissed being not maintainable and without being admitted. However the Complainant will be at liberty to approach before the appropriate Forum/Court/Commission, if not barred otherwise.

Let plain copy of this order be given to the party free of cost as per the CPR, 2005. 

Member                                                                                                       President

Dictated and Corrected by