DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 463/2018
Date of Filing: Date of Admission Date of Disposal:
05.12.2018 19.12.2018 19.12.2018
Complainant :- Sri Ashoke Kumar Mallick,
S/o. Late Satyacharan Mallick,
Vill+P.O. Mdhusudhanpur,
P.S. Singure, Dist- Hooghly,
Pin-712407.
=Vs=
Opposite Parties:- 1. The C.E.O,
Aditya Birla Sun Life Insurance Co. Ltd,
One Indiabulls Centre, Tower-1,
16th floor, Jupiter Mill Compound
841 Senapati Bapat Marg, Elphinetone Road
P.O. Delisle Road, P.S. Gaondevi,
Mumbai-400013.
2. The Branch Manager,
Aditya Birla Sun Life Insurance Co. Ltd,
1st Floor, 55 & 55/1, Chowringhee Road,
Koplkatta, West Bengal, Kolkatta-71,
(issuing Office), P.O. Little Russel Street,
P.S. Chowringhee.
3. The C.E.O, The Spash Advisors Pvt. Ltd,
Kariwala Tower, 5th Floor, Block-Ep,
Sector –V, Salt Lake-91( Proposal and
Cancelation Office), P.O. Bidhannagar,
(C. K. Market), P.S. North Bidhannagar.
4. Company Advisor:- Sri Debasish Das,
Aditya Birla Sun Life Insurance Co. Ltd,
1st Floor, 55 and 55/1, Chowringhee Road,
Koplkatta, West Bengal, Kolkatta-71,
P.O. Little Russel Street, P.S. Chowringhee.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Final Order
This complaint is filed by the complainant under Section 12 of the C.P. Act, 1986 alleging deficiency in service as well as unfair trade practice against the O.P. As the O.Ps did not take any step for redressal of the grievance of the complainant till filing of this complaint. Today is fixed for admission hearing of the complaint. The Ld. Counsel for the complainant is present. During argument on the point of admissibility of the complaint it is seen by us that the complainant
Cont……………………2
C. C. NO- 463/2018
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being intended to available of loan from the O.Ps for business purpose. In the para 4 of the petition of complaint it is stated by the complainant that loan was for his business purpose. Within the four corners of the complaint nowhere it is stated by the complainant that the complainant is carrying on business for earning his livelihood by means of self-employment. The Section 2(1)(d) (ii) of the C.P. Act wherein it is enumerated that goods purchased or services availed of by the complainant / consumer for commercial purpose, he cannot come within the purview of the definition of Consumer. As there is no such explanation in this regard we are unable to admit the complaint. The complainant also prayed for withdrawal of the complaint simultaneously praying for liberty. Considered.
In view of the above, hence the C.C. No. 463/2018 is hereby dismissed being not maintainable and without being admitted.
However, the complainant is at liberty to approach before the Appropriate Forum/ Commission for redressal a grievance by filing a complaint, if not barred otherwise. The complainant is also at liberty to get returned the copy of the complaint and other related documents from the office of this Ld. Forum upon prior application. Upon receipt of the application the office will take necessary steps in accordance with law.
Hence
it is ordered,
that the C.C. No. 463/2018 is hereby dismissed being not maintainable and without being admitted.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member
Dictated & Corrected by
