West Bengal

Jalpaiguri

CC/23/2018

Smt. Aparna Dey Sarkar, - Complainant(s)

Versus

The Director, Citicorp Finance(India) Limited, - Opp.Party(s)

Arun Mishra

06 Jun 2018

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/23/2018
( Date of Filing : 31 May 2018 )
 
1. Smt. Aparna Dey Sarkar,
D/O Late Akhil Chandra Dey Sarkar, Resident of Oodlabari(Subhaspally), P.O.- Manabari, P.S.- Mal, Distrist-Jalapiguri, Pin.-735222.
...........Complainant(s)
Versus
1. The Director, Citicorp Finance(India) Limited,
8th Floor, Plot nos. C-54 and C-55, G-Block, Bandra Kurla Complex, Bandra(East) Mumbai, Pin.- 400051.
2. The Regional Manager, Citicorp Finance(India) Limited,
BNCCI House No.-23, R.N. Mukherjee Road, Kolkata, Pin.-700001.
3. The Director, Magma Fincorp Limited,
Magma House, 24 Park Street, Kolkata, Pin.- 700016.
4. The Branch Manager, Magma Fincorp Limited,
Room no.-3 and 4, Citiplaza, Sevoke Road, P.S.- Bhaktinagar, Dist. Jalpaiguri, Pin.- 734001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 
For the Complainant:Arun Mishra, Advocate
For the Opp. Party:
Dated : 06 Jun 2018
Final Order / Judgement

The complainant is present by filing Hazira through Ld. Advocate. The case is taken up for admission hearing. Perused the petition and other materials on record. Heard the Ld. Lawyer for the complainant.

            It is the case of the complainant that she hired the services of the O.P. for the purpose of purchasing one “Bus” bearing registration No. W.B.- 73A-2125. So, there is no doubt that the complainant hired the services of the opposite parties for purchasing the said bus for using the same for commercial purpose. The complainant has failed to produced a single document relating to her income to show that she was using the said bus exclusively for the purpose of earning her livelihood by means of self-employment. As such, the complainant dose not come within definition of “Consumer” as envisaged in Section 2(1)(d)(explanation) of the Consumer Protection Act, 1986. As such the present case can not be admitted being not maintainable and is liable to be dismissed.

 

  Hence it is

                                             O R D E R E D :-

That the Consumer Case no.23/2018 be and the same is dismissed.

The case is thus disposed off. Let a copy of this order be supplied to the complainant free of cost or be sent by speed post. The extra sets be also returned to the complainant on proper identification.

 

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER

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