Today is fixed for admission hearing and on the point of territorial jurisdiction of this Forum.

This case is being conducted by the Complainant in person.

Complainant is present by filing his hajira.

Heard the Complainant.

Perused the materials on record.

It appears that this Complainant has filed this Consumer Complaint in this Forum stating inter alia that he has got an Order of Succession Certificate from District Delegate Bankura in Succession Certificate Case No.58 of 2011 on 28-01-2015 in respect of the amount involved in this case in respect of debt / amount of Satyanarayan Chatterjee since deceased lying in UBI, Durgapur Branch, West Bengal i.e. O.P. no.3.

It has also been further stated in petition of complaint that O.P. no.3 has declined to disburse / release the said amount in favour of the Complainant, despite having Succession Certificate in favour of Complainant.

This Complainant on being asked by this Forum at the time of hearing whether any amount of debt / money for which Succession Certificate is granted is lying with UBI, Bankura Branch i.e. O.P. no.4.  Then the Complainant replied that no such amount as stated in this case is lying in the O.P. no.4 Branch i.e. UBI, Bankura Branch.

So, it appears to us that there is no cause of action against O.P. no.4 / UBI, Bankura Branch.

It has been observed by the Hon’ble National Commission reported in 2016 (2) CPR page 242 (NC) inter alia that Branch Office would mean the Branch Office where cause of action has arisen.  In the present case though Branch Office of UBI situated at Bankura which is within the jurisdiction of this Forum; but no cause of action has arisen against O.P. no.4 UBI,  Bankura Branch.

So, in view of the observation of the Hon’ble National Commission we find that the location of Branch Office of UBI within the jurisdiction of this Forum cannot confer any territorial jurisdiction on this Consumer Forum to try this case. 

It has also been observed by the Hon’ble National Commission reported in 2016 (3) CPR page 351 (NC) inter alia that territorial jurisdiction for filing consumer case lies at  a place  where Branch Office of O.P. is  located and also cause of action has arisen.

So, we find that to bring a case within Jurisdiction of a Forum, Branch Office is to be located within Jurisdiction of that Forum and cause of action has also to be arisen against said Branch.

In the present case no cause of action wholly or in part has arisen in Branch Office of UBI Branch i.e. O.P. no.4 Branch.  So, in view of section 11 of Consumer Protection Act, 1986 and in view of above observation of Hon’ble National Commission that this Forum has got no territorial Jurisdiction to try this case.

So, in view of above observation of the Hon’ble National Commission and in view of the above facts & circumstances we find that this Forum has got no territorial jurisdiction to entertain this complaint.

 It has been observed by the Hon’ble National Commission reported in 2016(2) CPR page 642 (NC) inter alia that complaint can be dismissed for want of territorial jurisdiction.

In view of the above facts & circumstances and discussions made above we are inclined to hold that this complaint is liable to be dismissed for want of territorial jurisdiction of this Forum.

Hence, it is

                                                                               Ordered

That the C. C. No.61 of 2017 be and same is hereby dismissed for lack of territorial jurisdiction of this Forum ; but without cost.

Complainant is given liberty to file fresh complaint with same cause of action before the appropriate Forum having jurisdiction according to law.

Let plain copy of this Order be given to the parties free of cost.