To-day is fixed for admission hearing.

Ld. Advocate for the complainant files hazira.

Heard the Ld lawyer. Perused the complaint and the documents thereto.

The complaint succinctly summarized is that the complainant purchased one super Bike (Ducati Mutlistrada- 950) from the OP No.2 in July 2018, for a consideration of Rs. 14,69,740/- But from the statement and Tax-paid invoice both dtd. 16.07.2018 as well as from final sale Invoice dtd. 07.08.2018 and customer copy of Registration, the complainant could see that the actual consideration including permanent & temporary Registration is Rs. (9,92,800 + 86,290 +3624=) 10,82,714/-. That means OP No. 2 took from the complainant an excess amount of Rs. (14,69,740 – 10,82,714=) 3,87,026/-.

Again, while the OP No.2 collected from the complainant towards permanent & temporary Registration a sum of Rs. 1,76,940/-, he has given the receipt of Rs. (86290 + 3624=) 89,914/-. That means that the OP No. 2 has received an amount of Rs. ( 1,76,940-89,914=) 87,026/- is excess in the name of registration.

If, out of total excess amount of Rs. 3,87,026/-, the excess amount towards registration is Rs. 87,026/- then the actual cost the OP No. 2 collected from the complainant towards the Bike is Rs. (3,87,026 – 87,026=) 300,000/-.  Thus the complainant claims that he is entitled to get refund of the excess cost of the Bike plus the excess amount of Registration fee, i.e, a total of Rs.3,87,026/- from the OP No.2 and hence is the case.

The complainant falls within the definition of consumer as per section 2 (1)(d) of the C.P. Act.  But the OP No. 2 does not reside or carries on business at Siliguri.  Nor has the OP No. 2 any branch within territorial area of this Forum. The address of the OP No. 2 is Kolkata.  The address of OP No. 1, 3 & 4 is respectively at New Delhi, West Delhi and Noida, i.e, beyond the territorial jurisdiction of this Forum.  Thus the complaint is hit by section 11(2)(a) and 11(2)(b) of the C.P. Act.

The charging of a much higher consideration than the actual price of the super bike is alleged by the complainant against the OP No. 2 who resides/carries on business in Kolkata without any branch at Siliguri. Therefore the cause of action either wholly or in part did not arise within the local limits of this Forum’s jurisdiction. Complainant’s receiving of bills and other invoices at Siliguri from the OP No. 2 is not a cause of action. Thus this complaint is also hit by Section 11(2)(c) of the said Act.

For want of territorial jurisdiction, this case is NOT admitted.