West Bengal

Jalpaiguri

CC/8/2024

Smt. SWAPNA KAR, Advocate Jalpaiguri District and Sessions Court - Complainant(s)

Versus

The Assistant Director, Consumer Affairs and Fair Business Practices( Regional Office) - Opp.Party(s)

ARUP RATAN CHOUDHURY

20 Mar 2024

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/8/2024
( Date of Filing : 15 Jan 2024 )
 
1. Smt. SWAPNA KAR, Advocate Jalpaiguri District and Sessions Court
C/o Sri Amiya Ranjan Manna, Railway Quarter No. PT/II/2, P.O Panskura Railway Station, District Purba Medinipur PIN 721152
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Assistant Director, Consumer Affairs and Fair Business Practices( Regional Office)
D.M. Office, P.O & Dist. Jalpaiguri PIN 735101.
Jalpaiguri
West Bengal
2. The Joint Secretary, Jalpaiguri Zilla Kreta Suraksha Samity(C.A.B)
C/o Sri Tapan Kumarc Chakraborty, Basera Apartment, Natun Para, Jalpaiguri 735101
Jalpaiguri
West Bengal
3. The Director, Consumer Affairs and Fair Business Practices
2nd Floor, Kreta Suraksha Bhawan, 11A Mirza Ghalib Street, Kolkata 700087
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. APURBA KUMAR GHOSH PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:ARUP RATAN CHOUDHURY, Advocate for the Complainant 1
 
Dated : 20 Mar 2024
Final Order / Judgement

Complainant is represented by the Ld. Advocate. Today is fixed for admission hearing.

At the time of hearing Ld. Advocate of the Complainant submits that the complainant has filed this case along with several documents in support of this case. He further stated that the complainant has sufficient case to proceed against the O.P’s. and she is entitled to get the relief as prayed for.

Perused the complaint and documents files by the Complainant.

The case of the Complainant in brief is that she is a practicing Advocate and she filed this complaint against the O.P’s for non-payment of the professional fees for legal services rendered by her. The further case is that the Complainant entered into a Fee Agreement with the O.P. No. 2 with due approval from the O.P. No. 1 & 3 to represent them at the District Consumer Disputes Redressal Commission at Jalpaiguri and she diligently performed her duties as per the agreement and she was advised by the O.P. No. 2 to furnish a detailed bill of the outstanding fees which was submitted by the Complainant on 01.09.2022.  But despite receiving the bills of the Complainant the O.P’s have not paid a sum of Rs. 91,500/- (Rupees Ninety One Thousand Five Hundred Only) to the Complainant.

The further case of the Complainant is that several reminder  was issued to the O.P’s and Demand Notice was also sent on 01.09.2022 to the O.Ps. but they make no reply and for which she filed this Complainant disclosing that she is a Consumer and it is a clear case of unfair trade practice under the Consumer Protection Act, 2019.

Having heard, the Ld. Advocate of the Complainant and on perusal of the Complaint as well as the documents filed by the Complainant it reveals that, the definitions of Complainant, Consumer, Consumer Dispute and Service as defined in the Consumer Protection Act, 2019 are lacking in this case.

From the statements so made in the petition of the Complainant we are of the view that, the complainant is not a Consumer under the provision of the Consumer Protection Act, 2019.

Hence it is

                                    O R D E R E D

The instant case being no. 08 of 2024 is hereby dismissed as it is not admitted.

The Complainant is at liberty to ventilate her grievance before the competent Court of Law having jurisdiction to entertain the same

 
 
[HON'BLE MR. APURBA KUMAR GHOSH]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.