West Bengal

Kolkata-I(North)

CC/65/2017

Ahmed Chaiwala and 3 others - Complainant(s)

Versus

M/S. Shresth Builders (Pvt.) Ltd. and 4 others - Opp.Party(s)

Soma Roy

01 Mar 2017

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/65/2017
 
1. Ahmed Chaiwala and 3 others
M/s. LUQMANJEE AUTO CENTRE, Shop Room No.s 2 & 3, Ground Floor, Premises No. 12, Monilal Saha Lane, (formerly 12, Mott Lane), P.S. - New Market, Kolkata - 700013.
2. Murtaza Chaiwala
S/o Nurruddin Bhai Chaiwala, M/s. LUQMANJEE AUTO CENTRE, Shop Room No.s 2 & 3, Ground Floor, Premises No. 12, Monilal Saha Lane, (formerly known as 12, Mott Lane),P.S. - New Market, Kolkata - 700013.
3. Moiz Kamruddin Chaiwala
S/o Mulla Nurruddin, M/s. LUQMANJEE AUTO CENTRE, Shop Room No.s 2 & 3, Ground Floor, Premises No. 12, Monilal Saha Lane, (formerly known as 12, Mott Lane), P.S. - New Market, Kolkata - 700013.
4. Ebrahim Hussainee Bhai Chaiwala
S/o Hussaini Bhai Chaiwala, M/s. LUQMANJEE AUTO CENTRE, Shop Room No.s 2 & 3, Ground Floor, Premises No. 12, Monilal Saha Lane, (formerly known as 12, Mott Lane), P.S. - New Market, Kolkata - 700013.
...........Complainant(s)
Versus
1. M/S. Shresth Builders (Pvt.) Ltd. and 4 others
74, Lenin Sarani, P.S. - New Market, Kolkata - 700013.
2. Sri Binay Agarwal
S/o Lt. Harish Chndra Agarwal, The Director of M/s. Shresth Builders (Pvt.) Ltd., 74, Lenin Sarani, P.S. - New Market, Kolkata - 700013.
3. m/s. Harsh Construction
No. 21, Nasirudding Road, P.S. - Beniapukur, Kolkata - 700017.
4. Sk. Md. Amin
One of the partner of M/s. Harsh Construction, S/o Lt. Sk. Kashem Ali, 21A, Nasiruddin Road, P.S. - Beniapukur, Kolkata - 700017.
5. Sri Sanjay Singh
One of the partner of M/s. Harsh Construction, S/o Lt. S. L. Singh, 3D, Bindubasini Street, P.S. - Aliore, Kolkata - 700027.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 01 Mar 2017
Final Order / Judgement

Order No.  2  dt.  01/03/2017

          Heard the Ld lawyer for the complainant and perused the material on record.

          Ld. Lawyer for the complainant submitted that four complainants who are the partners of M/s Luqmanjee Auto Centre entered into an agreement with o.ps for purchasing a shop room. At the time of admission hearing  ld. Lawyer for the  complainants submitted that the complainants are running the business for livelihood. It is the bounden duty of the complainants to prove the same  by producing cogent evidence. However, complainants have failed to do so. Complainants are earning their livelihood from the shoproom and the shop room was booked not for earning livelihood by means of self-employment. Therefore complainants are not  ‘consumer’ within the meaning and scope  of Section 2(1)(d) and the complaint, is not maintainable on this ground.

          Complainants did not furnish any partners deed and the balance sheet wherefrom it can be revealed that the complainants are running their business for livelihood purpose. The shop room was booked entirely for commercial purpose.

          Apart from this complainants did not take the permission u/s 12(1)(c)  of C.P.Act, 1986 since there are more than one consumer.

          In view of above the present case is rejected in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER

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