Consumer Case No.155/S/2014
Order No.13.
Dt.31.03.16. Today is fixed for order.
Perused the complaint and the objection therein.
It is contended by the OP that the case is not maintainable as per law.
It appears from the record that the OP Nos.1 & 2 are not within the jurisdiction of this Forum. OP No.3 is a Motor Vehicles Department who has no pecuniary relationship with the complainant or OP Nos.1 & 2.
It also appears from the document filed by the complainant and it is the case of the complainant that the complainant purchased the vehicle on 21.03.2002. The loan has been cleared within time and that too was on 31.12.2004. This complaint has been filed after lapse of 10 years.
The OP contended that this case is hopelessly barred by limitation and same has been filed after 9 years from the date of cause of action.
Accordingly, OP submitted for dismissal of the case.
Heard. Considered.
Perused the Notification No.2906-CA/ESTT/O/5C-17/13 dated 07.10.2015 of the Consumer Affairs Department, Govt. of West Bengal, which runs as follows :-
“In exercise of the power conferred by section 9 of the Consumer Protection At, 1986 and in supersession of all previous notifications on the subject, the Governor is hereby pleased to prescribe for the purposes of the said Act that the local limits u/s 11 of the Act ibid of District Forum, as specified in column 2 of the table below, shall include the areas as mentioned in the corresponding entries in column 3 of the table below”.
SCHEDULE
Sl. No. | Name of the District Forum | Limits and Jurisdiction |
1 | 2 | 3 |
1. | Siliguri | All the Police Stations in the Siliguri Sub-Division under Darjeeling District. |
After going through the record, submissions of both sides and Notification of the Consumer Affairs Department mentioned herein above, it appears that there is force in the argument of the ld advocate of the OP. As such this case is not maintainable for want of territorial jurisdiction and also time barred as per Section 24 (A) of the Consumer Protection Act, 1986.
Contd......P/2
-:2:-
Therefore, the petition dated 04.01.2016 filed by the OP is allowed.
Hence, it is
O R D E R E D
that the Consumer Case No.155/S/2014 is disposed of being not maintainable in this Forum.
Let copies of this order be supplied to the parties free of cost.
