West Bengal

Birbhum

MA/65/2024

Alauddin Molla, S/O Lt A.K Molla - Complainant(s)

Versus

SK Jamal.S/o SK Hannan - Opp.Party(s)

17 May 2024

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is fixed for passing order in respect of the petition on maintainability ground filed by the OP, dated 12/05/2023. Copy of this petition also received by Ld. Advocate for complainant. Ld. Advocates for both parties are present. Already heard Ld. Advocates for both parties.

            One petition on maintainability ground has been filed by the OP. The same has been registered as M.A. Case being No. 65/2024. Record is now taken up for passing order.

            Perused the petition. Considered. From the content of the petition it appears that the OP intends to state that the instant case is not maintainable before this Commission as the dispute in question of this case is in no way consumer-related, as there was/is no consumer relation among the parties to this case.

The complainant stated in his complaint that the petitioner and the OP both are invested            Rs. 1,00,000/- each for purchasing the vehicle being No. WB-53B-8933 for their business purpose.

The complainant also stated in Para 3 of his complaint that “as per their agreement the profit and loss should be divisible 50% each after payment of vehicle installment and others expenses such fuel, mobile, tax, repairing costs etc. And it was also mentioned in their said agreement that, Re-sell value of the vehicle will be received 50% each.”

Thus, it appears from the petition of complaint that the petitioner and the OP both are the partner of their business. There is a relationship of partnership between the petitioner and the OP. In the instant case, neither the petitioner is a consumer nor the OP is a service provider under the C.P. Act.                Ld. Advocate for the complainant alleged that the petitioner filed this case as on 27/08/2019 and at the stage of argument the OP cannot file this petition on maintainability ground.

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In view of this Commission, that a case can be challenged on maintainability ground at any time, even after the final disposal of the case.

In that analogy, we are sorry not to acceed to the prayer made by the complainant in this case. So, the case fails.

Hence, it is,

                        ORDERED,

                                                that the M.A. Case being No. 65/2024 is disposed of. The instant case being No. 81/2019 be and same is not maintainable before this Commission and dismissed with contest without any costs.

Copy of this order be supplied to the parties each free of cost.