In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.153/2012

1)                   Sri Mrityunjoy Das,

3/2, Malikpara Lane, Batore,

P.O. Santragachi, P.S. Shibpur, Dist. Howrah.                       ------------Complainant

---Versus---

1)                   M/s. Nikunu Automobiles Ltd.

Represented by its proprietor

Sri Amit Srivastav and also represented by

Its Manager Bapi Mishra,

8, Camac Street, B-4, Shanti Niketan Building,

P.S. Shakespeare Sarani, Kolkata-17.                                        ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   7    Dated  14/11/2012.

            The petition of complaint has been filed by the complainant Sri Mrityunjoy Das against the o.ps. M/s. Nikunj Automobiles Ltd. The case of the complainant in short is that complainant booked a Scorpio vehicle from o.p. for which complainant deposited Rs.2,02,537/- in 3 instalments starting from 27.8.10, but o.p. did not arrange for sanction of loan and ultimately did not deliver the vehicle despite several request by complainant.  Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. did not contest the case by filing w/v and matter has been heard ex parte against the o.p.

Decision with reasons:-

            We have gone through the pleadings of the complainant and from the record we find that the complainant got back a sum of Rs.1,65,000/- from o.p. out of Rs.2,02,537/- and still a sum of Rs.37,537/- is payable to complainant from o.p. But from the record we find that the receipts as against sum of Rs.2,02,537/- were issued in the name of the wife of the complainant viz. Santi Das and there is no written agreement with o.p. as such in the matter of such transaction. Not it is pertinent to take note here that the money receipts are in the name of one Santi Das but complaint has been lodged by one Mrityunjoy Das and we are of the opinion that Mrityunjoy Das has got no locus standi to file this complaint since the materials on record do not support the complainant to file the instant case.

            Accordingly, in our view that instant case is not maintainable since the complainant has got no locus standi to file this case.

            Hence, ordered,

            That the instant case stands dismissed ex parte since the complainant has got no locus standi to file the instant case.

            Supply certified copy of this order to the parties free of cost.