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Md. AllauddIn Khan, Kolkata Vs. South Dum Dum Municipality Represented by Chairperson, Nagar Bazar and Another - Court Judgment

LegalCrystal Citation
CourtWest Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided On
Case NumberCC No. 60 of 2014
Judge
AppellantMd. AllauddIn Khan, Kolkata
RespondentSouth Dum Dum Municipality Represented by Chairperson, Nagar Bazar and Another
Excerpt:
consumer protection act, 1986 - section 2(1)(d) -.....the said scrap to third party on 05.03.2014 by auction which caused loss of business, financial loss, loss of goodwill, loss of interest and lossof reputation for which the complainant prayed for direction before this commission upon the o.ps to refund the price of the scrap along with interest @ 18% per annum and rs.46,83,000/- towards compensation etc. on perusal of the record it appears that the complainant has stated in his petition of complaint that he is a businessman dealing with scrap materials and deposited hefty amount as much as rs.52,75,000/- with the o.p. for purchasing scrap which was sold to him by auction. subsequently, as the complainant has alleged, the employee of the o.p. did not allow him to lift the scrap for which the complainant had to suffer œserious.....
Judgment:

Mridula Roy, Member.

No. 2/08.04.2014.

The record is taken up for passing order on the point of admission.

The Complainant in his petition of complaint has alleged deficiency in service on the part of the O.Ps stating that he, being a businessman dealing with scrap materials, submitted quotation with the O.P. “ Municipality for purchasing scrap and being highest bidder deposited a sum of Rs.52,75,000/- with the O.P. Subsequently, the O.P. by a letter dated 02.04.2012 asked the Complainant to lift the scrap but when the Complainant went to lift the scrap the employee of the O.P. did not allow the Complainant to lift the scrap and thereafter, sold the said scrap to third party on 05.03.2014 by auction which caused loss of business, financial loss, loss of goodwill, loss of interest and lossof reputation for which the Complainant prayed for direction before this Commission upon the O.Ps to refund the price of the scrap along with interest @ 18% per annum and Rs.46,83,000/- towards compensation etc.

On perusal of the record it appears that the Complainant has stated in his petition of complaint that he is a businessman dealing with scrap materials and deposited hefty amount as much as Rs.52,75,000/- with the O.P. for purchasing scrap which was sold to him by auction. Subsequently, as the Complainant has alleged, the employee of the O.P. did not allow him to lift the scrap for which the Complainant had to suffer œserious loss of business?.

It is evident from the averments of the Complainant that he purchased the scrap for business which should be considered as commercial purpose and, in view of that, the Complainant is not a consumer under the provision of Section 2(1)(d) of the Consumer Protection Act, 1986.

In the result, the petition of complaint is dismissed without being admitted.


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