In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  341 / 2007

1)           NPR Finance Limited,

19, R.N. Mukherjee Road,

Kolkata-700073.                                                     ---------- Complainant

---Verses---

1)           Cholamandalam M.S. General Insurance Co. Ltd.,

6A, Middleton Street, Kolkata-700071.                  ---------- Opposite Party

Present :           Sri S. K. Majumdar, President.

                        Sri T.K. Bhattachatya, Member

Order No.   2 1    Dated  1 5 / 0 1 / 2 0 1 0 .

Today is fixed for passing necessary order filed by the o.p. in respect of the petition filed on 10.6.09 challenging the territorial jurisdiction of this case. We have perused the petition. It has interalia been contended that the kidnapping of an employee of the complainant who was carrying cash to the bank occurred in Delhi and accordingly, it has been alleged that territorial jurisdiction of this case is lying in the court of Delhi and not here. Office of the complainant is also in Delhi. So, in view of this position, cause of action of this case also lies within the territorial jurisdiction of Delhi and not here.

          Mere existence of the head office of the o.p. in Kolkata is not sufficient and proper to file a case in Kolkata. In order to attract the territorial jurisdiction at least substantial cause of action must lie in Kolkata. In this respect ld. Lawyer of the o.p. has filed a decision reported in IV (2008) CPJ 159 N.C. We have perused the decision and we are of the opinion that the decision referred to her by the ld. Lawyer of the o.p. is worth mentioning and highly befitting to the present case particularly, on the point of territorial jurisdiction. We have also perused the written objection filed by the complainant against the petition filed by the o.p. challenging the maintainability of the case and noted its contents.

          Having due regard to the circumstances and more particularly, when we find that this forum has no territorial jurisdiction to decide/adjudicate this case, we do not like to enter into further merit in this case. Accordingly, we hold that the present case is not maintainable for want of appropriate and proper territorial jurisdiction and accordingly, the case is dismissed and disposed of from this forum. But for the ends of justice, the complainant is given liberty to file the case in the appropriate forum having appropriate territorial jurisdiction.

        ___Sd-_____                                                    ____Sd-_____

          MEMBER                                                       PRESIDENT