West Bengal

Purba Midnapur

CC/27/2005

Sri Goutam Babarta - Complainant(s)

Versus

Sri Tapan Das Poddar - Opp.Party(s)

17 May 2005

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/27/2005
( Date of Filing : 28 Apr 2005 )
 
1. Sri Goutam Babarta
S/O.Late Jaladhar Babarta, Vill.: Sarberia, P.O.: Madhyahingli, P.S.: Mahishadal
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. Sri Tapan Das Poddar
S/O. Late Niranjan Poddar, Vill. & P.O.: Payag, P.S.: Kolaghat.
Purba Medinipur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sajal Kanti Jana PRESIDING MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 17 May 2005
Final Order / Judgement

Order No.2,17.05.2005

 Today is fixed for admission hearing. The complainant made payment to the OP. as stated in the complaint. It is stated in the complainant that the vehicle in question for which payment was made was mortgage with the Bank and the same was attached with the Bank. So the OP was not bona fide seller at the time of take up payment or contract. The contract is not legal the case cannot be tried in the consumer forum. The complainant may file the case for hearing relief in the competent court of law.

Hence it’s

Order

     That the case be and the same be not admitted as such dismissed with a liability to file the same in the competent Court of Law.

 
 
[HON'BLE MR. Sajal Kanti Jana]
PRESIDING MEMBER

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