Order No. 02 Date. 15.02.2021
Today is fixed for admission hearing.
Ld. Advocate for the complainant is present.
Heard the Ld. Advocate for the complainant. Perused the consumer complaint coupled with its annexure thereto. U/s 34 (2) of C.P. Act, 2019 a complaint shall be instituted in a District Commission within the local limits of whose jurisdiction, -
- the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
- any of the opposite parties where there are more than one, at the time of the intuition of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or
- the cause of action, wholly or in part, arises; or
- the complainant resides or personally works for gain.
On perusal of the cause title of the consumer complaint, it appears to us that OPs 2 & 3 are carrying on business outside the territorial jurisdiction of this commission and OP 1 is the Area Manager of Sahara India Ltd. and it is the Area Office of Sahara India Ltd. not branch office. Moreover, the complainant fails to produce any document to establish that he is an inhabitant of 12/1, C. N. Roy Road, P.S.- Tiljala Kolkata- 700039. Certificate of Sahara Q Shop was issued by service centre of Raja Bazar sector.
In view of the above aspect, we are not inclined to admit the complaint is liable to be dismissed in limini.
Hence,
ORDERED
That the consumer complaint is not admitted and dismissed in limini.
Complainant may agitate her grievance to the competent D.C.D.R.C.
In view of non admission consumer complaint Miscellaneous Application is not tenable and rejected.
Thus, Miscellaneous Application being No. 28/2021 is disposed of.
