Ld. Advocate(s)

                        For Complainant:  Kunal Banerjee

For OP/OPs : None

Date of filing of the case    :28.03.2022

Date of Disposal  of the case :21.06.2023

Final Order / Judgment dtd.21.06.2023

Complainant above name filed the present petition u/s 35 of CP Act 2019 against the aforesaid OP praying for direction upon the OP to accept the petitioners vehicle being registration no. WB 51B3644 into the Nischay Jan Scheme with immediate effects and also prayed for compensation amounting Rs. 5,00,000/- and also prayed for Rs. 20,000/- as litigation cost.

 He alleged in the petition of complaint that he has one ambulance vide registration No. WB 51 B 3644, and said Ambulance was duly attached for Nischay jan Scheme.

  OP executed one agreement for the said scheme. The tenure of the agreement was for the period from 19.11.2016 to 18.11.2017. Subsequently, complainant by providing proper fees for extension of the tenure of his ambulance Up to 2023.

 On 14.10.2021 complainant was called to attend one patient and he quickly came to perform his statutory obligation but it is unfortunately mentioned the complainant that his vehicle was rejected without any prior notice or intimation.

 Hence, this case.

 We find from the order  dtd.15.02.2023 that OP  not yet appeared nor filed W/V after receipt of notice on 29.11.2022.

 As per said order case  is running ex-parte against the OP.

                             DECESION WITH REASONS:

 On perusal of copy of agreement dtd.01.04.2020 we find that  said agreement was valid till 31.03.2021.

 Complainant could not produce any document in support of the fact that concerned authority has extended his agreement.

 Accordingly, we find that complainant failed to produce any documents in support of the fact that concerned authority extended his ambulance   for further period from 31.03.2021.

 In this context we have carefully gone through section 2 (7) 

 Which reads as under:

          (7) “consumer” means any person who- 

(i) 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

(ii) hires or avails of any service 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 service 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 service for any commercial purpose. 

  In the aforesaid definition “consumer” has been described. We have carefully gone through the allegation of the complainant which has mentioned in the petition of complaint. The complainant lodged this complaint on 28.03.2022 i.e after lapse of the aforesaid agreement. From the aforesaid discussion it is clear before us that present complainant cannot be treated as Consumer as per aforesaid provision as contended in section 2 (7) (i) of C.P. Act. 2019.

 Having regard   to the aforesaid discussion we are of the firm view that complaint has filed to establish that he is a consumer and he alleged the present complaint before this commission as a consumer for proper redressal and relief.

In the result present case fails.

Hence,

It is

                                                Ordered

that the present case be and the same vide no.CC/35/2022 is dismissed ex-parte but without any order as to cost.

Let a copy of this order be supplied to both the parties as free of cost.

Dictated & corrected by me

              ............................................

                          PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                      PRESIDENT

                                                                                             (Shri   DAMAN PROSAD BISWAS,)       

            I concur,

             ........................................                                                

                        MEMBER                                                                                                                  

 (NIROD  BARAN   ROY  CHOWDHURY)