West Bengal

Kolkata-II(Central)

CC/600/2014

B.M.A. Stainless Ltd. - Complainant(s)

Versus

Managing Director, Dewars Garage Ltd. - Opp.Party(s)

Ld. Advocate

30 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/600/2014
 
1. B.M.A. Stainless Ltd.
21A, Shakespeare Sarani, 10th Floor, Suit-10D, P.S. Shakespeare Sarani, Kolkata-700017.
...........Complainant(s)
Versus
1. Managing Director, Dewars Garage Ltd.
4A, Council House Street, P.S. hare Street, Kolkata-700001.
2. Maruti Udyog Ltd.
L & T Chamber, 4th Floor, 16, Camac Street, Kolkata-700017.
3. Maruti Suzuki India Ltd.
1, Nelson Mandela Road, Vasantkunj, New Delhi-110070.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'ABLE MR. Ashok Kumar Chanda MEMBER
 HON'ABLE MRS. Sangita Paul MEMBER
 
For the Complainant:Ld. Advocate, Advocate
For the Opp. Party:
ORDER

Order No. 6.

 Date- 30/03/2015.

Ld. Adv of both the parties are present. Heard Ld.adv of both the parties.

Considering the complaint it is found that complainant is a Pvt. Ltd. Company who purchased the car in dispute for its company affairs to give facilities to his higher official that is not doubt for its officers use but not for domestic purpose of the proprietor /Directions failing and so entire purchase is related to  company affair but not for livelihood if any  person and it is settled principle of law that any purchase of car made by company is for benefit  and service of the company if it is not otherwise proved.

Considering the above fact and status of the car and the complainant we are convinced to hold that complainant is not a consumer and purchased car belongs to company only for giving service to his higher officer for the business of the company and only to give vehicle facility to its higher officer in lieu of payment  of daily vehicle charges and so said vehicle is not for domestic purpose.

In the result, the present complainant is not a consumer in the eye of Law as car is part of company business of the complainant  and for commercial purpose.

Hence, ordered, that the complaint is not maintainable in the eye of Law when complainant is not consumer, when purpose of the car is for benefit of the complainant’s company and commercial purpose and thus the complaint is dismissed on contest.

 

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'ABLE MR. Ashok Kumar Chanda]
MEMBER
 
[HON'ABLE MRS. Sangita Paul]
MEMBER

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