State Consumer Disputes Redressal Commission
Prafulla Chandra Das, vs M/S. Astral India Pvt. Ltd., on 14 July, 2022
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK Complaint Case No. CC/70/2010 ( Date of Filing : 07 Jul 2010 ) 1. Prafulla Chandra Das, S/o- late Sachidanada Das, Friends Colony, Bajrakbati Road, Buxi Bazar, Dist- Cuttack. ...........Complainant(s) Versus 1. M/s. Astral India Pvt. Ltd., 44/25, ranjit Road, Chennai, Tamilnadu. 2. Orissa Cricket Association, by Honorary Secretary, barabati Stadium, Buxi Bazar, Dist- Cuttack. 3. Misra Engineers by its Prop. Sri Amiya Prasad Misra, Deula Sahi, Tulasipur, Dist- Cuttack. ............Opp.Party(s) BEFORE: HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER HON'BLE MR. Hemanta Kumar Mohanty MEMBER PRESENT: M/s. J. Patnaik & Assoc., Advocate for the Complainant 1 M/s. J.B. Pattnaik & Assoc., Advocate for the Opp. Party 1 M/s. D. Mohapatra & Assoc., Advocate for the Opp. Party 1 Mr. B.K. Nayak, Advocate for the Opp. Party 1 Dated : 14 Jul 2022 Final Order / Judgement In-spite of repeated calls, all the Parties are absent.
This is a case of the year 2010.
We take up the matter for hearing on merit.
The Complainant is absent on repeated calls.
The Complainant has approached this Commission with a prayer to pass appropriate order holding that the O.P. No.1 has failed to discharge its obligation in terms of contract under Annexure-5 & 7 which amounts deficiency in service on its part and thus liable to refund the advance amount received from the Complainant towards supply of materials/equipments along with compensation and cost.
We perused the records and found that, the Complainant is not a "Consumer" as defined U/s 2(I)(d)(i) of C.P. Act-1986. This is a case of business to business transaction as such the complaint is dismissed as the same is not maintainable before this Commission. [HON'BLE MR. Dilip Kumar Mohapatra.] PRESIDING MEMBER [HON'BLE MR. Hemanta Kumar Mohanty] MEMBER