IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANKURA.
C. C. No.18 / 2016.
Present :
1. Abdul Kuddus……………………….Hon’ble President.
2. Smt. AgnidipaAgnihotri………….Ld. Member.
Sri Debashis Ghosh, Sone of Late Ajit Kr. Ghosh, Vill-Jalitha, P.O,P.S-Kotalpur, Dist-Bankura…………………….…………………………….…................Complainant.
Versus
- Alchemist Infra Reality Ltd., Tapas Bhavan, Nachar Road, Bhiringi More, Durgapur, Burdwan.
- Alchemist Infra Reality Ltd. Bijaoy Smriti Soudha, Machantala Bankura
…………………………………………………………………………………..Opposite Parties.
JUDGEMENT
Dt. 06.12.2016.
Facts of the case of Complainant is short is that this complainant purchased F.D Certificate of Rs.5000/- for OP no 1 with maturity value of Rs.10000/- on expiry of Six years.
There after complainant deposited said F.D certificate to O.P no 1 on its maturity. OP no 1 issued cheques of Rs.10400/- for first time which was dishonored, after that OP no1 issued cheque against said maturity value of FD certificate which was also dishonored.
Op no 1 was killing time so this complainant has filed this case and prayed for maturity value of FD along with interest and Rs.14000/- for his harassment and mental agony.
POINTS FOR DETERMINATION
- Whether this district forum has any territorial jurisdiction to deal with the case. ?
- Whether the complaint is entitled to any relief as prayed for.
DECISION WITH REASON
We have carefully gone through the evidence of PW 1/Complainant and materials on record.
It appears from the evidence of PW1 and materials on record that, this complainant purchased FD certified in question from OP no 1 and two cheque were issued in favour of complainant on its maturity.
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C. C. No.18 / 2016.
But those two cheques issued in two times against said FD were dishonoured by bank. Hence this case.
There is nothing either in the evidence of PW1 or in the petition of complainant that there was any role/part of OP 2 in the matter of issuance of F.D certificate and issuance of cheques dishonored by bank.
So we have sufficient reason to believe this O.P no 2 has been made party in this
Case only to bring this case within jurisdiction of this forum.
It has been observed by Hono’ble national Commission inter alia in 2016 (2) CPR page 242(N.C) that “Location of Branch Office of insurance Company cannot confer territorial jurisdiction of consumer forum of that place.”
In view of observation of Hono’ble National Commission that location of Branch Office of OP no 1/Company with in jurisdiction of this forum cannot confer any territorial jurisdiction of this forum to deal with this case.
More over cause of action of this case has not arisen with its jurisdiction of this forum.
OP no 1/Company is ordinary resides and caries on business at Durgapur, Dist-Burdwan, which is beyond the territorial jurisdiction of this forum.
In view of above facts and circumstance we hold that this forum has got no territorial jurisdiction to deal with the complaint case.
As such this complaint is not maintainable before this forum and is liable to be dismissed.
We refrain ourselves from making any observation about merits of this case.
Hence it is,
-
That the complaint case CC 18 of 2016 be and same is here by “DISMISSED EXPARTE”, but without cost as this forum has got no territorial jurisdiction.
However, complainant is given liberty to file complaint afresh on same cause of action before appropriate forum having territorial jurisdiction according to law.
Let a plain copy of this JUDGEMENT be given to parties free of cost.
__________________ ________________
HON’BLE PRESIDENT HON’BLE MEMBER
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