Parties file hazira.
The preliminary objection dated 16.01.2017 of the OPs is taken up today for hearing.
Heard the ld. advocates of both sides. Perused the objection/application of the OPs and the written objection thereto.
By filing this preliminary objection, the OPs have contended that this case is not maintainable due to lack of jurisdiction. The main contention of the OPs application is that none of the OPs have their place of business within the jurisdiction of this Forum nor do they have any branch office within the jurisdiction of this Forum. The OP No.1 is having its office situated at ‘City Mall’, 2nd Floor, Sevoke Road, Siliguri but the said address of OP No.1 falls under the jurisdiction of the Police Station Bhaktinagar, Dist.- Jalpaiguri and the OP No.2 is having its office at 7th Floor, Technopolis, A-Wing, Plot No.4, Block-BP, Sector-V, Salt Lake, Kolkata. But the complainant deliberately misrepresented this Forum by suppressing the actual address of the OP No.1 just for the sake of institution of this case.
In this regard, the OPs have submitted one certificate issued by the Councillor of Siliguri Municipal Corporation where from we find that OP No.1 L & T Finance Limited is running its business at Sevoke Road, Infinity Square under Ward No.43, P.O.- Sevoke Road, P.S.- Bhaktinagar, Dist.- Jalpaiguri.
The complainant though claimed that the office of the OP No.1 is situated under the jurisdiction of this Forum, but the complainant could not establish her claim by filing sufficient cogent document.
In this connection we like to mention 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 Act, 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, submission of both sides and Notification of the Consumer Affairs Department mentioned hereinabove, we are of the view that this case is not maintainable for want of territorial jurisdiction.
Hence, it is
O R D E R E D
that the Consumer Case No.57/S/2016 is disposed of being not maintainable in this Forum.
Let copies of this order be supplied to the parties free of cost.
