Order No.02                Date:  05.11.2019

Today is fixed for Admission hearing.

          Ld. Advocate for the complainant is present.  The complainant filed  instant complaint against the Divisional Manager, Canara Bank and Sr. manager, Canara Bank, Jadavpur Branch on the allegation of deficiency in service in a dispute of non-payment of all deposits in the name of Mrs. Meghna Dutta (Niyogi),since deceased with up-to-date interest.

          On perusal of the cause title of the consumer complaint, it appears that the OP-2 is carrying on business outside the territorial jurisdiction of this Forum.  The Ld. Advocate for the complainant invited our attention to the amendment brought about in Section 11 (2) of the CP.Act, 2003. The amended section 11 (2) of the Act reads as under :

(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, -

(a) the Opposite party or each of the Opposite parties , 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 ; or

(b) any of the Opposite parties where there are more than one at the time of 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 either the permission of the District Forum is given, or the Opposite parties who do not reside, or carry on business or has a branch office, or personally works for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action wholly or in part,  arises.

          Complainant filed an application on 01.11.2019 U/s 11 (2) (b) of the C.P. Act, 1986.

          In our opinion, that will not help the case of the complainant as the wife of the complainant since deceased maintained various accounts with OP-2Canara Bank, Jadavpur Branch within the District of south 24 Pgs. If the contention of the Ld. Advocate for the complainant is accepted, it will mean that even if a cause of action has arisen in Howrah, then too complainant can file claim petition in Barasat or Krisahnagaror anywhere in West Bengal where a Divisional office of Canara Bank is situated. We cannot agree with this contention, it will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression of Branch Office in the amended section 11 (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 11 (2) (b) of the Act.

          In the present case, since the cause action has arose at  Jadavpur  PS, within the jurisdiction of South 24 Parganas, the DCDRF, Alipore alone will have jurisdiction to entertain the complaint.

          For the reason stated hereinabove, we are not inclined to allow the prayer of the complainant U/s 11(2)(b) of the C.P. Act, 1986. Thus, the MA No. 585 of 2019 is rejected and disposed of.

          The complaint is not admitted as this Forum have no territorial jurisdiction to entertain the complaint.

Liberty be given to the complainant to approach his grievance before the competent Forum, if so desire.