West Bengal

Hooghly

CC/67/2015

Pratyush Kr. Roy - Complainant(s)

Versus

Sri Sajal Kr. Bose - Opp.Party(s)

Sri Subir Dasgupta

08 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Complaint Case No. CC/67/2015
 
1. Pratyush Kr. Roy
Uttarpara
Hooghly
West Bengal
...........Complainant(s)
Versus
1. Sri Sajal Kr. Bose
43, G.T.Rd., Uttarpara
Hooghly
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Biswanath De PRESIDENT
 HON'BLE MRS. JUSTICE Smt. Devi Sengupta MEMBER
 HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Sep 2017
Final Order / Judgement

                                                                

            The case of the complainant that he purchased some share through the dealer of Religare Securities , having his client ID and Code . He has account in Axis Bank which was linked with Religare till 20.11.2012. The Opposite party purchased for the complainant and also sold the same without consent of the complainant. The complainant came to know from the DMAT account that major irregularities was caused by the oP and continued their sanction without the consent of the complainant. The total amount of share transaction made by the op is Rs.1,27,037/- of different share. The Op did not inform the complainant regarding this transaction . The complainant has bear with the loss but he has not given profit having requested the op did not bother to help the complainant for his loss. Hence, this case.

            The Op filed Written version denying all material allegations contending that the case is not maintainable . This Forum has no jurisdiction to entertain the complaint as the complainant is not a consumer.            

POINTS FOR DECISION :

  1. Whether the complainant is a consumer ?                                             
  2. Whether there is any deficiency in service on the part of the oP ?
  3. Whether the complainant/petitioner is entitled to get relief as prayed for ?

 

DECISION WITH REASONS :

Point no.1

       The Consumer Protection Act , 1986 has defined the consumer which runs as follows :

 “consumer” means any person who –

                                                                        

  1. Buys and 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
  2. (hires or avails of) any services for 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 is not a consumer within the purview of the C.P.Act.

Point no.2 and 3 :

           Since the complainant is not a consumer so we are of opinion that there is no need to discuss the point no.2 and 3.

                                                       Hence it is ordered

                                                                 

That the complaint case no.67 of 2015 be and the same is dismissed on contest .

Let a copy of this order be made over to the parties free of cost.

 
 
[HON'BLE MR. JUSTICE Sri Biswanath De]
PRESIDENT
 
[HON'BLE MRS. JUSTICE Smt. Devi Sengupta]
MEMBER
 
[HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra]
MEMBER

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