Complainant fils hazira through his ld. Advocate.
Photocopies of some documents as per firisti are filed by the complainant without mentioning the brief particulars of said documents in the firisti.
Heard the ld. Advocate appeared on behalf of the complainant over the matter on admission hearing.
According to the complainant, he is the Proprietor of a dramatic party under the name and style ‘Shilpi Tirtha Opera’ engaged in the business of dramatic performance. It is alleged by the complainant that the OP breached the contract by refusing to act as a Heroin at various shows being organized by his opera, for which he suffered huge financial loss. Hence, the complainant preferred the present case praying for relief as per prayer of the complaint.
Seen the documents so filed and considered the averments of the ld. Advocate for the complainant.
It appears from the photocopy of contract form in question that the same stands in the name of Smt. Bandana Maity (OP), but the same does not bear the Registration No. of Shilpi Tirtha Opera. The said contract form in question also does not bear any date of agreement.
Besides, there is no denying the fact that it requires engagement of several persons to run a dramatic party. Therefore, admittedly the complainant has been running his shilpi opera for commercial purpose by engaging several actors/actresses and not for the purpose of earning his livelihood by self-employment as required under the act to qualify as a consumer. In fact there is no whisper in the petition of complaint in this regard. Therefore, in our considered view the complainant does not qualify as a consumer u/s 2(d) of the Consumer Protection Act. Accordingly, we hold the instant complaint case is not maintainable under the Act.
Hence, it is
O R D E R E D
that the CC case no. 16/2012 be and the same stands dismissed being not maintainable against the OP.
Sd/- Sd/-
S.S. Ali A.K. Bhattacharyya
Member President
