This revision relates to Order No. 9 dated 21.01.2020 delivered by Ld. D.C.D.F., Siliguri in Reference to CC No 53 if 2019. The fact of the case in nutshell is that the revisionist A. K. Jha, purchased a Sony Led TV from Prapti Electronics which was financed by the O.P. Capital First Limited situated at Sevoke Road, Siliguri. The O.P. illegally deducted Rs. 400/- from the bank account of the complainant situated at Mallaguri, Siliguri town which was thoroughly protested by the complainant and in this way the O.P. has defrauded him causing serious financial loss and mental injury to the complainant for which he claims the compensation under Section 12 of Consumer Protection Act by registering the Consumer Complaint before the Ld. D.C.D.R.F., Siliguri. At the time of admission hearing. Ld. Forum Suspected the want of territorial jurisdiction of the case and for that reason the complainant was asked to furnish the municipal ward No of the office of the O.P. to ascertain whether the office of the O.P. situated within the territorial jurisdiction of the Ld. Forum. The O.P. furnished the reply but that was ignored on the part of the Ld. Forum and imposed a fine of Rs. 10,000/- upon him. Being aggrieved with this order this revision follows on the ground that the order of Ld. Forum was mischievous, unwanted in law and liable to set aside. The revision was registered in due course and notice was sent to the O.P. and the O.P. in spite of receiving the notice does not contest the case though several opportunities was provided to the O.P. to contest the case. Therefore, the case is taken up for hearing to dispose the revision application on merit. The revisionist A. K. Jha has conducted the hearing personally.
Decision with reasons
Having heard the revisionist and on going through the contents of the Consumer Complaint it is reflected that A.K. Jha purchased the Sony Led TV from an established shop situated at Siliguri which was financed by the O.P. Capital First Limited having office at Sevoke Road, Siliguri. The complainant used to pay the EMI through his Bank situated at Mallaguri of Darjeeling District under Siliguri Sub-Division from where the O.P. released the EMI fund. The cause of action of this case relates to collection of EMI from the Bank situated within the jurisdiction of Siliguri Sub-Division and District of Darjeeling. Ld. Forum asked the complainant to inform about the exact location of office of the O.P. which was clearly mentioned by the O.P about the proper address mentioning it at Sevoke Road, Siliguri and it was not imperative on his part to mention the ward No of Siliguri Municipal Corporation where the office of O.P was situated. Rather, the order of Ld. Forum to impose a fine of Rs. 10,000/- appears to be very harmful and prejudice to the interest of a bonafide Consumer who has approached the Consumer Commission for redressal of his grievances and this attitude on the part of redressal agency is not acceptable in the arena of Consumer Protection Act. So, the order of Ld. Forum dated 21.01.2020 Vide Order No. 9 in CC No 53 of 2019 appears to be unauthorized in law.
Hence it is ordered
That the instant Revisional Application is hereby allowed on merit without imposing any cost. The order of Ld. Forum dated 21.01.2020 in CC No 53 of 2019 is hereby set aside. Ld. D.C.D.R.F., Siliguri is requested to fix a date for hearing the admission point afresh and decide the admission of the case as per provisions of law regarding the address of the O.P. and the place of cause of action etc.
Send a copy of this order to the Ld. D.C.D.R.F., Siliguri with request to fix a date for admission hearing of this case and decide the matter as per provisions of law. The revisionist/complainant is asked to move before the Ld. D.C.D.R.F., Siliguri on 2nd September, 2021 for further course of action.
Let a copy of this order be sent to the Ld. Forum through Mail and free copy be handed over to the revisionist.
