West Bengal

Bankura

CC/73/2023

Sanjoy Kumar Chakraborty - Complainant(s)

Versus

Pradip Mukherjee, Vendor, Asansol Motor Vehicle Deptt - Opp.Party(s)

14 Sep 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.73 /2023

Date of Filing: 09/08/2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld. Advocate Sandip Chakraborty

For the O.P: None

Complainant:

Sanjoy Kumar Chakraborty, Pratap Bagan (North), PO & Dist.Bankura, PIN- 722 101, Mob: 6296582968                                                                                 

Opposite Party:

Pradip Mukherjee, Vendor, Asansol Motor Vehicle Deptt., Kumarpur (Upker Garden), PO.R.K. Mission, Asansol-5, District- Paschim Burdwan, W.B.

FINAL ORDER / JUDGEMENT

Order No.03

Dated:14-09-2023

The Complainant is present through advocate.

Though the Complaint has been admitted by order dated: 14/08/2023 but in course of proceeding with the case the Commission thinks that the case is not at all maintainable as the Complainant is not a Consumer within the definition of the Consumer Protection Act, 2019.

The allegation in the complaint is that the O.P. who is a Broker of Regional Transport Office took money from the Complainant under receipt for arranging documents and papers relating to his Maruti vehicle No. being WB 38 S/8382 but failed to deliver the same.

The transaction is purely a Civil dispute as the O.P. is not a valid and authorized Service Provider and as such the Complainant being the recipient of such service is not a Consumer. In order to constitute a consumer dispute the O.P. against whom the Complaint is filed must be a valid and legal Service Provider and without such criteria no consumer complaint can be filed against such person.

Hence the instant complaint is dismissed as not maintainable.

The Complainant is at liberty to approach appropriate court of law for relief.

Both parties be supplied copy of this Order free of cost.                       

____________________                _________________          _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER     HON’BLE MEMBER