West Bengal

StateCommission

A/241/2023

DIPAK CHAKRABORTY - Complainant(s)

Versus

THE MANAGER/INCHARGE, CLEAR SIGHT & ORS. - Opp.Party(s)

MAHADEB MUKHERJEE

11 Sep 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/241/2023
( Date of Filing : 13 Jul 2023 )
(Arisen out of Order Dated 29/05/2023 in Case No. Complaint Case No. CC/45/2023 of District Nadia)
 
1. DIPAK CHAKRABORTY
VILL- HARANATHPARA, P.O-ARANGHATA, P.S-DHANTALA
NADIA
WEST BENGAL
...........Appellant(s)
Versus
1. THE MANAGER/INCHARGE, CLEAR SIGHT & ORS.
47, A-1, SWAMI VIVEKANANDA SARANI, RANAGHAT,
NADIA
WEST BENGAL
2. CHANCHAL MUKHERJEE
27-J, R.N. TAGORE ROAD, HIGH STREET, KRISHNAGAR
NADIA
WEST BENGAL
3. SOURAV MUKHERJEE
27-J, R.N TAGORE ROAD, HIGH STREET, KRISHNAGAR
NADIA
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:
 
Dated : 11 Sep 2023
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocate for the Appellant is present.

          Today is fixed for admission hearing of A/241/2023.

          Heard the Ld. Advocate for the Appellant.

      It appears against the Order No.3 dt. 29.05.2023, passed by the DCDRC, Nadia in CC/45/2023 dismissing the complaint, the Appellant/Complainant prefers this Appeal.

          Perused the impugned order.

         The Ld. Commission below rejected the appeal of the Complainant on the ground that previously a complaint has been filed by the Complainant vide CC/99/2022 and the same was rejected by the Commission concerned at the time of admission hearing as the complainant could not provide with any warrantee card. The Ld. Forum below observed that the Consumer Protection Act did not authorise the Complainant to file the Complaint for the second time for self same cause of action.

       Considering the factual scenario along with the position of law, we are of the view the impugned order does not suffer from any illegality.

          So, the present appeal does not deserve to be admitted.

          Accordingly, the Appeal being No. A/241/2023 is dismissed being not maintainable and the impugned order is upheld.

          Let a copy of this Order be sent to the Ld. Commission below.

          Joint Registrar of this Commission is directed to do the needful in this regard.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

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