DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 346/2014
Date of Filing: Date of Admission Date of Disposal:
27.06.14 09.07.2014 11.05.2015
PETITIONER = Vs. = O.Ps.
Shri Anup Kr. Ghosh, 1. Bikaner Food Products,
S/o. Shri Madhab Ch. Ghosh, 405, G.T. Road, Shivpur,
15/C, Masidhati Road, Howrah- 700001.
Shee Nagar, P.S. Barasat, Represented by its partner
Taki Road(N), Anirudh Srivastav
Dist- North 24 Pgs, Halder Para, Sakrail,
Kolkata- 700124. Dist-Howrah,
Pin-711313.
J U D G E M E N T
The fact of the case, in short, is that the O.P is a company carried business under the name Bikaner Food Products at 405, G.T. Road, Shivpur, Howrah-711103, West Bengal, represented by its partner. The O.P is a company and sales Bhikharam Chandmal’s products public at large.
The complainant stated that the complainant for his livelihood entered into an agreement with the O.P, by that effect the complainant deposited Rs. 1,00,000/- subject to delivery of Bhikharam Chandmal’s products by the O.P. within 7 days as per the contract.
The complainant further stated that the O.P received all amount of money from the complainant promises that he will duly delivered all products within 15 days, but day after day the complainant was intimated with O.P to fulfill his obligation, all are in vain, finding no other alternative the complainant return back his paid amount. The O.P taking advantage to harassing the complainant the last 2-3 months resulting the loss of money and health, he is now suffering from mental trauma rather mental phobia. Hence the complaint.
The O.P has contested the case by way of filing written version.
Dictated and corrected Contd. …. 2/-
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The O.P stated that the complainant is not at all a consumer as per the provision of Consumer Protection Act, 1986 as amended upto date, hence the instant complaint case is liable to be rejected.
The O.P further stated that the cause of action of this instant case is arose at Howrah wherein the O.P carried on his business and wherein the agreement between the complainant and the O.P has executed and merely drawing a Bank Draft from Barasat for payment to the O.P does not raise any jurisdiction as because the said Demand Draft have also paid by all the complainant to the O.P at Howrah. Moreover, all the transaction between the complainant and O.P had happened at Howrah which is not within the jurisdiction of this Ld. Forum and so this Ld. Forum have no jurisdiction to entertain the complaint petition of the complainant. Hence the O.P prayed for dismissal of the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
The complainant has filed an affidavit-in-chief.
The O.P stated that cause of action of this case arose at Howrah where the O.P carried on his business. The O.P has executed and merely drawing a bank draft from Barasat. The O.P does not raise any jurisdiction as because the said demand drarft has also paid by the complainant to the O.P at Howrah. Moreover, all the transaction between the complainant and O.P had happened at Howrah which is not within the jurisdiction of the Ld. Forum and this Forum has no jurisdiction to entertain the complaint.
Admittedly, the address of the O.P is G.T. Road, Shivpur, Howrah. As per Section 11(2) “ A complaint shall be instituted in a District Forum 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, actually and voluntarily 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 institution 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 either the permission of the District Forum is given, or the
Dictated and corrected Contd. …. 3/-
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opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be acquiesce in such institution; or
- The cause of action, wholly or in part, arises.”
So, it appears that the entire transaction was held in Howrah and simply drawing a Bank Draft from Barasat for payment to the O.P, it will not create the jurisdiction of this Forum.
Considering all the matters, we are of the view that this Forum has no territorial jurisdiction to try this case. Hence, the complaint should return to the filing Lawyer for presentation before the appropriate court.
Hence
Ordered,
that the complaint be and the same is dismissed on contest against the O.P.
The complaint be returned to the filing Lawyer for presentation before the appropriate court.
Parties to bear their own cost.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
Dictated & Corrected by me.
