West Bengal

Kolkata-I(North)

CC/117/2023

Afsana Khanam - Complainant(s)

Versus

M/s. Suryadeep Multipurpose Cold Storage LLP - Opp.Party(s)

Md. Qamar Alam

12 Jul 2023

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/117/2023
( Date of Filing : 28 Jun 2023 )
 
1. Afsana Khanam
Proprietress of M/s. Madina Date, 48, Zakaria Street, P.S. - Jorasanko, Kolkata - 700073.
...........Complainant(s)
Versus
1. M/s. Suryadeep Multipurpose Cold Storage LLP
348/1, G. T. Road, Chatra, P.O. & P.S. - Serampore, Hooghly, Pin - 712201, West Bengal.
2. Amit Kumar Kolay
Partner/Director of M/s. Suryadeep Multipurpose Cold Storage LLP, Village - Borobelu, P.O. - Belumilk, P.S. - Polba, District - Hooghly, Pin - 712223, West Bengal.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:Md. Qamar Alam, Advocate for the Complainant 1
 
Dated : 12 Jul 2023
Final Order / Judgement

Order No.2

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing today.

Perused and considered the complaint petition.

Heard Ld. Advocate for the complainant

Complainant being Proprietress of M/s. Madina Date kept 1765 boxes of dates with opposite party nos.1 and 2. During inventory of the cold storage it was detected that 125 boxes of dates of the complainant were missing. In spite of service of demand notice dated 12/05/2023 the opposite parties did not pay any heed to it. According to the complainant that being a consumer she has been harassed by the opposite parties due to which she is entitled to get compensation as well as cost of 125 boxes dates from the opposite parties. The opposite parties are liable for deficiency in service as they could not keep the date boxes safely under their custody.

On scrutiny, we do not find any mention of any consideration amount for the service of the opposite parties paid by the complainant.

Moreover, the complainant herself candidly admitted that those dates are goods of her business. So, it is admitted fact that date boxes are the goods for the business of the complainant, which were kept in the cold storage/opposite parties for generating income. Therefore, it is apparent on the face of the record that the complainant is not a consumer in terms of Section 2(7)(ii) of the C.P. Act, 2019.

So, the case is liable to be rejected.

Hence, it is

                                                                O R D E R E D

that the complaint case be and the same is dismissed without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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