Order No. 03 Dated- 26.05.2022
Today is fixed for admission hearing.
Ld. Advocate for the complainant is present.
Complainant has filed the instant consumer case against Sahara Credit Co Operative Society Ltd. on the allegation of deficiency in service in a dispute of non-payment of matured amount. On perusal of the photocopy of document furnished by the complainant, it appears that complainant deposited a sum of Rs. 10,000/- to Sahara Credit Co Operative Society Ltd. at its Cossipore Branch. Section 34 of CP Act, 2019 provide the jurisdiction of District Commission. Section 34 (2) of CP Act, 2019 provide that a complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,-
- The OP or each of the OPs, where there are more than one, at the time of the institution of the complaint ordinarily resides or carries on business or has a branch office or personally works for gain; or
- Any of the OPs, 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 the permission of the District Commission is given; or
- The cause of action, wholly or in part, arises or
- The complainant resides or personally works for gain;
Fact remains that the complainant deposited Rs. 10,000/- to Sahara Credit Co Operative Society Ltd. having its branch office at Cossipore against certificate No. 351004915277 and despite of its maturity, Cossipore Branch did not pay the maturity amount. The cause of action of the instant consumer case has arisen in North 24 Pgs then too complainant can file claim petition in Alipore or Krishnanagar anywhere in west Bengal where a registered office of Sahara Credit Co Operative Society Ltd. situated . It will lead to abuse consequence and lead to bench hunting.
In our opinion the expression, registered office in section 34 (2) would mean the branch office where the cause of action has arisen. No doubt this would be departing from the plain and literal words of section 34 (2) of the CP Act, 2019.
In the present case since the cause of action has arisen at North 24 pgs, the DCDRC, North 24 Pgs along will have jurisdiction to entertain the complaint.
In view of the above discussion, we are not inclined to admit the consumer complaint as this Commission have no territorial jurisdiction to entertain the complaint. Liberty given to the complaint to approach his grievance before the Competent Commission, if so desired.
Thus, MA being No. 213/2022 is not maintainable and disposed of.
