West Bengal

Kolkata-II(Central)

CC/581/2016

Pankaj Kumar Samanta, Prop. M/S. Debojyoti X-Ray Clinic - Complainant(s)

Versus

Samsung India Electronics Pvt. Ltd. - Opp.Party(s)

Gobinda Prasad Roy

03 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/581/2016
 
1. Pankaj Kumar Samanta, Prop. M/S. Debojyoti X-Ray Clinic
East Butikhali,P.O. Burikhali,P.S. Bauria, Dist-Howrah.
...........Complainant(s)
Versus
1. Samsung India Electronics Pvt. Ltd.
10A, Lala Lajpat Rai Sarani, Kolkata-700020, P.S. Bhabanipur.
2. B.R. Fedder Marketing Pvt. Ltd
9, India Exchane Place, 3rd Floor,Kolkata-700001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDENT
 HON'BLE MR. Pulak Kumar Singha MEMBER
 
For the Complainant:Gobinda Prasad Roy, Advocate
For the Opp. Party:
Dated : 03 Jan 2017
Final Order / Judgement

Order-2.

Date-03/01/2017.

The complainant is present by filing hazira.

            The case is taken up for admission hearing.

            Heard Ld. Lawyer for the complainant.  Considered.

            Perused the petition of complaint along with annexures. 

            It appears that the complainant is running a business in the name and style Ms. Debojyoti Xray Clinic at East Burikhali Dist – Howrah.  The instant complaint relates to purchase of a Colour Dopplar Ultrasound System Machine.  It is apparent that the complainant is carrying on the business for commercial purpose.  We think that the complaint is not maintainable u/s.2(1)(d)(ii) of C.P. Act.  It cannot be said that the Ultrasound USG machine is purchased by the complainant for earning livelihood.  We think that the case, as such, is not maintainable in C.P. Act.

            Hence,

Ordered

That the instant case be and the same is dismissed being not maintainable in C.P. Act.

 
 
[HON'BLE MR. KAMAL DE]
PRESIDENT
 
[HON'BLE MR. Pulak Kumar Singha]
MEMBER

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