West Bengal

Kolkata-I(North)

CC/11/352

S.V.S. Marwari Hospital - Complainant(s)

Versus

M/s. Kirloskar Electric Co. Limited - Opp.Party(s)

22 Aug 2012

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/11/352
( Date of Filing : 21 Oct 2011 )
 
1. S.V.S. Marwari Hospital
118, Raja Ram Mohan Roy Sarani, Kolkata-700009.
Kolkata
WB
...........Complainant(s)
Versus
1. M/s. Kirloskar Electric Co. Limited
Kenwell Manor, 1st Floor, 10/D/2, Ho-Chi-Minh Sarani, Kolkata-700071.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Nath Das PRESIDENT
 HON'BLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Smt. Sharmi Basu MEMBER
 
PRESENT:
 
Dated : 22 Aug 2012
Final Order / Judgement

Order No. 9  dated 22/08/2012.

Heard the case of the complainant from the Ld. Councel for the complainant. Perused all the documents brought before the Forum. It appears to us that the complainant for purchasing of vehicle TATA HCV took loan facility from the O.P. From the Ld. Councel for the complainant this Forum has been informed that the aforesaid vehicle was purchased for ‘commercial purpose’ and it has been nowhere averred in the complaint petition  that the vehicle in question would be used for earning only for livelihood of the complainant.

Therefore, we are of the opinion that the complainant is not a ‘consumer’ within the preview of C.P. Act, 1986 and there is no relation between the complainant and O.P. as consumer and service provider respectively.

Hence, we are of the opinion that the case of the complainant lacks jurisdiction in this Forum and same is dismissed without cost with liberty to file the instant case at proper Forum on self same cause of action.

 
 
[HON'BLE MR. Sankar Nath Das]
PRESIDENT
 
 
[HON'BLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
 
[HON'ABLE MRS. Smt. Sharmi Basu]
MEMBER
 

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