West Bengal

Kolkata-I(North)

CC/88/2024

Shri Baidyanath Mondal - Complainant(s)

Versus

Shri Kashi Kundu - Opp.Party(s)

11 Sep 2024

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/88/2024
( Date of Filing : 28 Jun 2024 )
 
1. Shri Baidyanath Mondal
S/o Late Arun Mondal, 61/H/15, Raja Naba Krishna Street, P.S.-Shyampukur, Kolkata-700005.
...........Complainant(s)
Versus
1. Shri Kashi Kundu
Ground Floor, 29/1/1A, Bagbazar Street, P.S.-Shyampukur, Kolkata-700003.
2. Bichke Da, Agent of Shri Kashi Kundu
Nanda Lal Bose Lane, Bagbazar, P.S.-Shyampukur, Kolkata-700003.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 11 Sep 2024
Final Order / Judgement

Order No. 4

Complaiant is present in person and files a petition showing cause in compliance with order no.3 dated 29/07/2024. The cause shown in the petition appears to be bonafide; as such the same is accepted.

The application dated 28/06/2024 on the prayer of condonation of delay along with the complaint application filed by the complainant is taken up for hearing.

Perused. Considered. Heard the complainant.

The cause shown in the petition for condonation of delay do not inpsire any confidence in our finding. Moreover, we find that the complaint case has been filed by the complainant on a plea that he has taken a room on rent from opposite party no.1 for which he paid Rs.20,000/- (Rupees twenty thousand) only to the opposite parties. Though the opposite party no.1 ousted him from the said room situated at Premises No. 29/1/1A, Bagbazar Street, Kolkata-700 003 in the month of February,2022 but has not refunded the entire paid advance payment to him.

Hence, the case.

It is apparent on the face of the record that the complainant has  not availed any service from the opposite party no.1 and he is not a consumer in terms of the Consumer Protection Act,2019. Moreover, the appliction for condonation of delay lacks merit and is liable to be rejected. Consequently the complaint case is also liable to be rejected.

Hence, it is

                                                O R D E R E D

that the petition dated 28/06/2024 on the prayer for condonation of delay is dismissed without cost.

Consequently the complaint case no. CC/88/2024 stands dismissed.

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

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