Consumer Complaint No.161 of 2016
Date of filing:14.9.2016 Date of disposal:26.09.2016
Complainant: Smt. Sovona Seal, Bholanandapally, Chotonilpur, P.O.-Sripally, P.S. & Dist.-
Burdwan, Pin-713103.
-VERSUS-
Opposite Party: 1. Shristi Procon Ltd., 03, MWAV, Ambuja Complex, Durgapur-713216,
Represented by M.D.
2. Rakesh Singh, M.D. of Shristi Procon Ltd., S/o. Pashuram Singh, 4/19, Uday
Shankar Bithi, City Centre, Durgapur-713216, Burdwan.
3. Biplab Prodhan, Director of Shristi Procon Ltd. S/o. Nanda Kumar Prodhan,
B-2-194/4 MAMC, Township MAMC, Durgapur-713212, Burdwan.
4. Biswajit Naskar, Director of Shristi Procon Ltd., S/o. Probodh Chandra
Naskar, D.T.-4/3, Biswakarma Nagar, Durgapur-713210, Burdwan.
Present : Hon’ble President: Sri Asoke Kr. Mandal
Hon’ble Member : Smt. Silpi Majumder
Hon’ble Member : Sri Pankaj Kr. Sinha
Appeared for the Complainant: Complainant herself.
Appeared for the Opposite Parties: None.
Order No.3, Dated: 26.09.2016
Today is fixed for hearing on the point of admission of this case. On behalf of the complainant one Mahadeb Seal appears and files authorized letter issued by the complainant herself. Let the same be kept with the record.
The case is taken up for hearing.
By presenting this complaint the complainant has prayed for an award directing the O.Ps. to refund the redemption value of a share, to pay compensation and to pay litigation cost stating inter-alia that she purchased a share certificate valued at Rs.7,500/- on 28.1.2013 from the O.Ps. and the maturity date of said share certificate was on 28.1.2016 but the O.Ps. with ill-intention did not pay the redemption value of said share and the complainant is entitled to get such redemption value along with compensation and litigation cost against the O.Ps.
As per Provision of Section-2(d) of C.P. Act, 1986 ‘consumer’ means any person who-
- buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
- [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person who avails of such services for any commercial purpose].
So, the complainant being a share holder is not a consumer under the O.Ps. as per provision of C.P. Act, 1986 and accordingly this Forum has no jurisdiction to decide the dispute as mentioned in the complaint petition.
In the above premises the complaint should not be admitted. Hence, it is
Ordered
that the Complaint No.161/2016 is not admitted. The case is thus disposed of being not admitted.
Let a copy of this order be supplied to the complainant free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Silpi Majumder) (Sri Pankaj Kr. Sinha)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
