Sri Shyamal Gupta, Member

Aggrieved with the decision of the Ld. District Forum to dismiss his complaint case, this Appeal is preferred by Sri Soumya Ghosh, the Complainant.

Short case of the Appellant is that the Ld. District Forum erred in exercising its jurisdiction properly leading to dismissal of his complaint case.  According to him, the complaint case was very much maintainable before the Ld. District Forum, yet the same was erroneously dismissed citing lack of territorial jurisdiction to adjudicate the matter.  Accordingly, Appellant prayed for restoration of the complaint case.

Ld. Advocates of the parties were heard in the matter and documents on record carefully gone through.

It appears from the cause title of the petition of complaint case itself that the Respondent No. 2 is having its office within the limit of Maniktala Police Station.  Somehow, it escaped the notice of the Ld. District Forum and out of wrong notion that the office of the Respondent No. 2 is situated in New Delhi, the instant complaint case was summarily rejected.

Palpably, the Ld. District Forum committed grave error in exercising its jurisdiction leading to come to an erroneous decision which is not tenable at all. We have no qualms, therefore, to set aside the same.

The Appeal, accordingly, succeeds.

Hence,

O R D E R E D

The Appeal stands allowed on contest.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 05-12-2018 for fresh adjudication of the case on merit.