Miscellaneous Application No. MA/364/2015 in Complaint Case No. CC/414 of 2014. Case: Marooti Filling Station Vs Galaxy Outdoor Advertising Solutions Pvt. Ltd.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | Miscellaneous Application No. MA/364/2015 in Complaint Case No. CC/414 of 2014 |
| Counsel | For Appellant: G. Sinha, Advocate |
| Judges | Debasis Bhattacharya, Presiding Member and Jagannath Bag, Member |
| Issue | Consumer Protection Act, 1986 - Section 2(1)(d) |
| Citation | III (2015) CPJ 27 (WB) |
| Judgement Date | Monday June 22, 2015 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Debasis Bhattacharya, Presiding Member
Today is fixed for passing order in respect of the MA filed by the OP No. 4 agitating maintainability of the instant complaint case.
By such petition, it is stated by the OP No. 4 that the instant complaint is not maintainable for the simple fact that the Complainant is not a 'consumer' as per provisions of the Consumer Protection Act, 1986. In this case, the Complainant is a Private Limited Company and the commercial activities carried out by it cannot be for its earning livelihood by means of 'self-employment'. A company has to act through somebody and the question of livelihood and self-employment under these circumstances would not and cannot arise.
Learned Advocate for the OP No. 4 has submitted that the Complainant is a Private Limited Company and the commercial activities carried out by it cannot be for its earning livelihood by means of self-employment. A company has to act through somebody and thus, the question of livelihood and self-employment, under these circumstances, would not and cannot arise. The Complainant in its complaint has admitted that the vehicle in question was purchased by the Complainant company for the personal use of its directors. Such admission ratifies the fact that the vehicle was never purchased for personal use of only one Director, but it was used by all the Directors and thus the question of...
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