West Bengal

Jalpaiguri

CC/12/2022

Raju Banerjee - Complainant(s)

Versus

The Branch Manager Premium Chick Feeds Pvt. Ltd. - Opp.Party(s)

Ujjal Chakraborty

17 Mar 2022

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/12/2022
( Date of Filing : 04 Mar 2022 )
 
1. Raju Banerjee
S/O Late Santosh Kumar Banerjee Village Panga Saheb bari P.O. Panga Saheb Bari P.S. Jalpaiguri Kotwali Dist. Jalpaiguri Pin 735121
Jalpaiguri
West Bengal
...........Complainant(s)
Versus
1. The Branch Manager Premium Chick Feeds Pvt. Ltd.
At Subhadip Building 59 A/Shaktigarh Road No. 3 PO Siliguri Bazar P.S. Bhaktinagar Dist. Jalpaiguri Pin 734001
Jalpaiguri
West Bengal
2. The Manager Premium Chick Feeds Pvt. Ltd.
6 Highway Rose 4th Floor 92 Dixit Road Near Greater Bombay Bank Vile Parle Mumbai PIN 400057
3. The Manager Premium Chick Feeds Pvt. Ltd.
401-404 C wing Nyati Millenium Datta mandir Chowk Viman Nagar Pune PIN 411014
4. The Pradhan Bahadur Gram Panchayet
Sadar Block PO Bahadur PS Jalpaiguri Kotwali Dist. Jalpaiguri PIN 735121
Jalpaiguri
West Bengal
5. The Member Bahadur Gram Panchayet
Sadar Block PO Bahadur PS Jalpaiguri Kotwali Dist. Jalpaiguri PIN 735121
Jalpaiguri
West Bengal
6. The Environmental Engineer-in-Charge West Bengal Pollution Control Board
Siliguri regional Office Paribahan Nagar PO and PS Matigara Dist. Darjeeling PIN 734010
Darjeeling
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KUNDAN KUMAR KUMAI PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. DEBANGSHU BHATTACHARJEE MEMBER
 
PRESENT:Ujjal Chakraborty, Advocate for the Complainant 1
 
Dated : 17 Mar 2022
Final Order / Judgement

Ld. Lawyer for the complainant is present by filing hzirah and he has submitted that the complainant had started a Poultry Farm business, after receiving all the necessary documents and NOC and he had entered into an agreement with O.P. No. 1 for rearing chicken for a period of 45 days and on the assurance of the O.P. No. 1 had  even invested Rs. 25,000/- on the basis of  above agreement he was supplying chicken to the O.P. No. 1. But suddenly the O.P. No. 1 failed to give any fresh chicks and had caused on beach of the agreement. The complainant approached  the O.P. No. 1 to re-start the business. But the O.P. No. 1 failed to respond. Suddenly on 18.01.2022 the complainant received a S.M.S. wherein a cheque issued by him amount into Rs. 39527/- had been dishonored. The complainant also received a notice under Section 138 of the NI Act. Such acts of O.P. No. 1 along with O.P. No. 2 & 3 was unfair arbitrary and unwarranted. He thus filed this case on the basis of cause of action arisen on 09.08.2021 and 22.01.2022.

Hence this case,

             The Ld. Lawyer in support of this compensation has relied the judgement passed in Golmohur Foods And Feeds Ltd. and has submitted that the case under the Consumer Protection Act can be filed in case of Poultry Farm also.

After hearing the Ld. Lawyer and ongoing through materials in the record as well as the Judgement, it  transpires that the Judgement relied by the Ld. Lawyer is based on completely different facts and is of no help to the present case. That  apart it also transpires that the case is based on contractual beach as such does not fail within the ambit of the Consumer Protection Act and therefore the admission of the case  stands refused.

 

Hence the case is disposed of.   

              Let a copy be supplied to the complainant free of cost.

 

 
 
[HON'BLE MR. KUNDAN KUMAR KUMAI]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. DEBANGSHU BHATTACHARJEE]
MEMBER
 

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