West Bengal

Kolkata-I(North)

CC/487/2016

M/s. RT Fashion Pvt. Ltd. - Complainant(s)

Versus

Mr. Megh Varan Ojha and 2 others - Opp.Party(s)

Shah Jahan and another

29 Nov 2016

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/487/2016
 
1. M/s. RT Fashion Pvt. Ltd.
39, Kali Krishna Tagore Street, P.S. - Posta, Kolkata - 700007.
...........Complainant(s)
Versus
1. Mr. Megh Varan Ojha and 2 others
Partner of M/s. New Tara Transport Agency, 13, Tara Chand Dutta Street, Ground Floor, P.S. - Barabazar, Kolkata - 700073.
2. Mr. Ashok Ojha
Partner of M/s. New Tara Transport Agency, 13, Tara Chand Dutta Street, Ground Floor, P.S. - Barabazar, Kolkata - 700073.
3. Mr. Dipak Chowrasia
Representative of M/s. New Tara Transport Agency, 13, Tara Chand Dutta Street, Ground Floor, P.S. - Barabazar, Kolkata - 700073.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 29 Nov 2016
Final Order / Judgement

Order NO. 2 dt.  29/11/2016

           The case of the complainant is that the complainant is a Private Limited Company and during the course of business sent assignment to M/s RT Fashion Pvt. Ltd at Kolkata-700007  on 07.02.2014. The said assignment was not delivered  and  the complainant subsequently claimed  the amount towards the value of the assignment.

            On perusal of the materials on record it appears that the complainant is a Private Limited Company and the assignment was sent on 07.02.2014 i.e., more than two years the cause of action arose. The complainant during course of business  assignment was sent. In view of the said  fact  we hold that the case is barred by limitation as well as it was a commercial transaction it is barred  u/s 2(1)(d) as per Consumer Protection Act. Accordingly the case is dismissed in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER

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