BEFORE:

JUDGES Shri Bibekananda Pramanik PRESIDENT

HON'BLE MRS. Mrs. Debi Sengupta MEMBER

HON'BLE MR. Mr. Kapot Chattopadhyay MEMBER

For the Complainant:

For the Opp. Party:

ORDER

Order No. 8

The case record is put up for passing order.

This hearing arises out of an application dated 22/12/2015 filed by Op. challenging the maintainability of this case on the point of jurisdiction. It is alleged that the Ops. reside and work for gain at Barakanthalia, Barrackpore, P.S. Titagarh, Kolkata-700121 and the cause of action also arose at that place. It is therefore, claimed by the Ops. that the present complaint is not maintainable before this Forum for lack of Jurisdiction. It appears from the petition of complaint that the Ops. reside and work for gain at Barakanthalia, Barrackpore, P.S. Titagarh, Kolkata-700121 and the cause of action also arose at that place of business of the Ops.  So in view of section 11 of the Consumer Protection Act-1986, the present petition of complaint is not maintainable before this Forum for lack of jurisdiction and therefore the petition of complaint is liable to be dismissed.  However, the complainant is at liberty to file fresh complaint before the appropriate Forum having jurisdiction.  

                                            Hence, 

                                                        it is ORDERED

                                                                                  that the petition dated 22/12/2015 filed by the Ops. is allowed on contest. It is further order that the present complaint is dismissed for want of Jurisdiction.

[JUDGES Shri Bibekananda Pramanik]

PRESIDENT

[HON'BLE MRS. Mrs. Debi Sengupta]

MEMBER

[HON'BLE MR. Mr. Kapot Chattopadhyay]

MEMBER