RAMENDRA NATH BASU Vs. SANJEEV KAPOOR & ANR

JUDGEMENT

(1.) THE present Appeal has been preferred against the judgment and order dated 30.7.2008 passed by Consumer Disputes Redressal Forum, Kolkata, Unit -II in Case No. Unit -II/340/04 wherein the learned Forum below dismissed the complaint on contest without any order as to cost.

(2.) THE case of the Appellant/Complainant before the learned Forum below, in brief, was that the Respondent/OP allured the complainant in share trading with the assurance of fixed return of share trading profit. Accordingly, the complainant invested money in share trading. But the OP -Respondent did not pay back the complainant any amount as agreed between the parties and hence, the complaint.

(3.) THE OP -Respondent contested the case before the Forum below with the defence that the Complainant -Appellant was never a Consumer in its true sense. The Consumer Protection Act is not the appropriate Forum for seeking relief in respect of the transaction entered into between the parties. There is no allegation of negligence or deficiency in service at the instance of the OP and as such, the complaint was liable to be dismissed.