West Bengal

Howrah

CC/85/2024

SK SAIMON SHA - Complainant(s)

Versus

M/s. Lata Bricks Works - Opp.Party(s)

SK Jahadar Alam

21 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/85/2024
( Date of Filing : 10 May 2024 )
 
1. SK SAIMON SHA
S/o. SK Jane Alam Vill.- Pansila, P.O.- Deoly, P.S.- Shyampur, Howrah-711301
...........Complainant(s)
Versus
1. M/s. Lata Bricks Works
Vill- Amberia, P.O.- Deoly, P.S.- Shyampur, Howrah-711301
2. Mr. Gaurhari Maity
S/o. Late Atul Chandra Maity Vill. & P.O.- Deoly, P.S.- Shyampur, Howrah-711301
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:SK Jahadar Alam, Advocate for the Complainant 1
 
Dated : 21 May 2024
Final Order / Judgement

Order No:02                                                                                                    Date:   21 /05/2024

Today is fixed for admission hearing.  Complainant side is found present.  Heard Ld. Advocate of the complainant side.

Perused the complaint petition.  Examined the documents filed by the complainant side.

On close compare of the complaint petition with the documents filed by the complainant side it appears that there is series discrepancy in between the fact pleaded and documents filed.  More so, on the basis of the document which has been marked as Annexure A (money receipt) it cannot be said that the complainant is a consumer under the OPs.  Moreover, in this said document (Annexure A) it is revealed that 90,000 bricks had to be supplied but from the Annexure B it is revealed that 30,000 bricks had to be supplied to the complainant.  These gross differences of the content of these two documents have not been clarified.

Hardly, complainant can initiate money suit against the OPs before the Ld. Civil Court.

It is crystal clear that this Court has no jurisdiction to entertain  this complaint case and this complaint case is not maintainable.

So, this complaint case is not admitted and it is dismissed.

Dictated & corrected by me

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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