West Bengal

Kolkata-II(Central)

CC/42/2019

Shemsher Alam - Complainant(s)

Versus

ABS Land Development and Cosntruction Pvt. Ltd. - Opp.Party(s)

Subrata Mondal

14 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/42/2019
( Date of Filing : 04 Feb 2019 )
 
1. Shemsher Alam
46/1, Gora Chand Road, 3rd Floor, P.S. Beniapukur, Kolkata-700014.
...........Complainant(s)
Versus
1. ABS Land Development and Cosntruction Pvt. Ltd.
13/B, Jatin Das Road, P.S. Ballygunge, Kolkata-700029.
2. Tapan Ghosh, Managing Director of ABS Land Development and Construction Pvt. Ltd.
13/B, Jatin Das Road, P.S. Ballygunge, Kolkata-700029.
3. Sk.Mokbul Hossain, Director of ABS Land Development and Construction Pvt. Ltd.
13/B, Jatin Das Road, P.S. Ballygunge, Kolkata-700029.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
For the Complainant:Subrata Mondal, Advocate
For the Opp. Party:
Dated : 14 Feb 2020
Final Order / Judgement

Order No.   13                Dated :   14.02.2020

            Ld. Advocate for the complainant is present.

Today is fixed for taking steps by the complainant.

Complainant files an application supported by an affidavit praying for withdraw the consumer case on the ground stated therein.

Heard the LD. Advocate for the complainant who submits that the OPs are carrying on business and / or residing within the jurisdiction of Tollygunge PS which is outside the territorial jurisdiction of this Forum. Hence, the prayer for withdrawal of the complaint with a liberty to file afresh before the appropriate Forum.

Having heard the Ld. Advocate for the complainant and on perusal of the impugned application, it appears to us that the OPs are carrying on business and / or residing outside the territorial jurisdiction of this Forum. Thus, this Forum have no territorial jurisdiction to entertain the consumer case though in the consumer case the complainant mentioned that the OPs are carrying on business and / or residing within the jurisdiction of Ballygunge PS.

Considering the above aspect, we are inclined to allow the prayer of the complainant. Hence,

ORDERED

That the complainant is permitted to withdraw the consumer case with a liberty to file afresh, if otherwise not barred by law.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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