C.C. No. 20/2020

Order no. 2 dt. 6.3.2020 Complainant files ‘hazira’. Case is taken up for hearing on the point of admission. Heard the Id. Advocate of the complainant. He candidly submits that there is a commercial transaction taken place between the complainant and the ops and going through the contents of the complaint it reveals that op no. 1 despite of appreciating Rs. 7,30,000/- from the complainant op no. 1 has failed to provide complainant with a proposed date of delivery of the so called super bIKE upon acceptance of balance amount towards the price of super bike. It is also alleged by the complainant that on 2.11.2017 op no. 1 by a PAYTM transaction paid the complainant Rs. 20,000/- only and on 23.3.2018 by a bank transaction bearing no. MPS/P2A/808114116789/ 19718047057/ FRIENDS returned Rs. 20,000/- only (as appears from paragraph no. 6 of the complaint). It also reveals that there was exchanging of legal notice between the parties.

Considering the nature of complaint and its contents and touching upon the submissions of Id. Advocate appearing for the complainant this Forum is of the view the alleged commercial transaction has been made by the complainant only to make profit for gain. Obviously, such facts cannot and does not come within the periphery of and jurisdiction of this Forum and as such this Forum is also of the view that there is no prima facie material to proceed further with the case and as such the instant case is liable to be dismissed.

Accordingly, the instant case is dismissed. Of course, liberty is given to the complainant to file the same before the appropriate Forum.

C.C NO. 20/2020

C.C. No. 20/2020 Order no. 3, dt. 15.12.2020 –

Register-in-charge put up the disposed record being no. C.C. 20 of 2020 and orally submitted that though the instant case has been dismissed already but the original bankers cheque bearing no. 289805 dt. 21.2.2020 amounting to Rs. 400 drawn on State Bank of India, Chinsurah Branch filed by the complainant could not be encashed due to COVID 19 and shortage of staff during the crucial period of pandemic.

On perusal of the case record it reveals that the case has already been dismissed on the point of admission vide order dt. 6.3.2020.

So, the complainant is directed to take back the said bankers cheque and to file fresh bankers cheque of like amount at the earliest. In the meantime, the original bankers cheque filed by the complainant be kept in the safe custody of the Register-in-charge until further order.