IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/31/2019.

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

   05.03.19                                    03.04.19                                      02.05.23

Complainant: Jasimuddin Shaikh

S/O Sajahan Shaikh, Vill-Shilpukur,

PO-Bali Gokulpur, Pin-742302

-Vs-

Opposite Party:  Manager, Raza Mirror Industries

2A, Kaviraj Row, Kolkata, Pin-700073

Agent/Advocate for the Complainant             : Khairul Alam.

Agent/Advocate for the Opposite Party                     : Vijaynath Jha.

   Present:    Sri Ajay Kumar Das………………………….......President.     

         Smt. Aloka Bandyopadhyay……………………..Member.

         Sri. Nityananda Roy……………………………….Member.

FINAL ORDER

Sri.ajay kumar das, presiding member.

This is a complaint under section 12 of the CP Act, 1986.

            One Jasimuddin Shaikh (here in after referred to as the Complainant) filed the case against Manager, Raza Mirror Industries (here in after referred to as the OP) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

            The Complainant had prior acquaintance with OP and also the Complainant is a consumer of the OP. As such the Complainant dealt with the OP since long ago. Subsequently the Complainant proposes before the OP for purchasing some glass or crystal. Just at the moment the OP said for payment to the Complainant and thereafter the Complainant agreed to pay the same. Accordingly the OP gave his Axis Bank account No of Central Avenue Branch bearing A/C No. 915020049089702 and IFSC No. UTIB0000870 and the OP said that after depositing the money he would send all the same glass or crystal which the Complainant purchased. As a result the Complainant gradually had deposited money with three installments i.e. on 11.06.18 Rs. 50,000/-, on 26.07.18 Rs. 50,000/- and on 26.07.18 Rs. 50,000/- in the OPs account from the Complainants savings account bearing A/C No. 090201505823. After getting the amount the OP did not send the glass or crystal as per order of the Complainant. Since then the Complainant has been requesting  the OP every week and every month for the said glass or crystal and the said OP was giving assurance to the Complainant that the said glass or crystal would be sent as early as possible. But till now the OP did not send any glass or crystal to the Complainant. At last on 15.02.19 the Complainant requested him to send the same or to return the said money but the OP did not pay any heed till now. It is completely deficiency in service on the part of the OP due to non sending of the said glass or crystal. Therefore, the Complainant is compelled to file this case for getting proper redress.

            The Complainant prays for directing the OP for sending the said glass or crystal to the Complainant without any delay and to pay interest of the amount which has paid till now and also pay a sum of Rs. 50,000/- as harassment cost as well as mental agony.

            The OP is contesting the case by filing written version contending inter alia that the Complainant is not a consumer to the OP. He did not place any purchase order for purchase of glass sheets from the OP. He has also not specified the specifications pertaining to thickness, shape and size, grade and quality of the glass sheets to be supplied. He has in fact not placed any order on the OP for supply of any glass sheets. So he is not a consumer, hence this complaint case is not maintainable in this Forum.

On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

   Decision with Reasons:

   Point no.1,2&3

          All the points are taken up together for the sake of convenience and brevity of discussion. 25.04.23 was fixed for hearing of argument but none came on behalf of the parties on repeated calls. The record shows that it is a case of the year 2019.

It is the case of the Complainant that he paid Rs. 50,000/-, Rs. 50,000/- and Rs. 50,000/- on 11.06.18, 26.07.18 and 26.07.18 respectively for purchasing some glass or crystal. Here we find that the Complainant has not filed any agreement regarding the purchase of glass or crystal as stated by him. The Complainant has also not specified the specifications pertaining to thickness, shape and size, grade and quality of the glass sheets to be supplied. He has in fact not placed any order on the OP for supply of any glass sheets. If the fact of purchasing the aforesaid glass or crystal be true the Complainant must state the specifications pertaining to thickness, shape and size, grade and quality of the glass sheets to be supplied. Such being the position, we are of the view that there is sufficient ground for disbelieving the fact of the Complainant as stated by him.

It would not be out of place to mention here that this District Commission has jurisdiction to decide the defect of goods and the deficiency of service. In the instant case no goods is in the possession of the Complainant. So there is no scope to decide the defects of goods.

The facts and circumstances suggest that the Complainant is not a consumer within the meaning of a section 2(7) of the Consumer Protection Act, 2019.

In view of the matters discussed above we are of the view that the instant case is not maintainable and instant case is liable to be dismissed on merit.

Reasons for delay

The Case was filed on 05.03.19 and admitted on 03.04.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case fails.

     Fees paid are correct. Hence, it is

                                                            Ordered

that the instant complaint Case bearing No. CC/31/2019 be and the same is dismissed on merit without cost against the OP.

        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                                                            Member                                        President.