West Bengal

StateCommission

TA/1/2010

Smt. Reeta Roy Chowdhury Malakar @ Reeta Roy Chowdhury. - Complainant(s)

Versus

Dunlop India Limited. - Opp.Party(s)

Inperson. Mr. Barun Prasad.

25 May 2010

ORDER


31, Belvedere Road, Kolkata - 700027

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

WEST BENGAL

BHAWANI BHAWAN (Gr. Floor),
TA No. 1 Of 2010
1. Smt. Reeta Roy Chowdhury Malakar @ Reeta Roy Chowdhury.W/O Sri Bhaskar Malakar. Joy-Joyanti Apartment, 122, Baghajatin place, PS. Jadavpur, Kolkata- 86. ...........Appellant(s)

Versus
1. Dunlop India Limited.Represented by its Company Secretary, "kings Court, Flat No. 14 & 18, 46B, Chowringhee Road. PS. Park Street. Kolkata- 700071.2. Dunlop India Ltd.Represented by its unit Head, Sahajanj Po. Sahaganj, PS. Chinsurah, Dist. Hooghly. ...........Respondent(s)

BEFORE :
HON'BLE JUSTICE ALOKE CHAKRABARTI PRESIDENTMR. A K RAY MemberMRS. SILPI MAJUMDER Member
PRESENT :Inperson. Mr. Barun Prasad., Advocate for the Appellant 1 Mr. Prasanta Banerjee., Advocate for the Respondent 1

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

ORDER

No. 5/25.05.2010.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Complainant through Mr. Barun Prasad, the Ld. Advocate and O.Ps through Mr. P. Banerjee, the Ld. Advocate are present.  Mr. Banerjee files Vokalatnama today.  Complaint was originally filed in the Forum at Chinsurah District Hooghly.  As one of the Members is a party to this proceeding, the Bench of the Forum felt that the matter should not be taken up in the said Forum.  accordingly a letter was sent to this State Commission requesting for passing appropriate order of transfer of the complaint.  Parties were given notice for considering the said aspects of the transfer of the complaint to another Forum.  Mr. Barun Prasad, the Ld. Advocate for the Complainant stated that in the facts and circumstances the matter should be heard by another Forum.  Mr. P. Banerjee, the Ld. Advocate for the O.Ps contended that the complaint was filed in the District Forum Hooghly wrongfully as no part of the cause of action arose within the jurisdiction of the said Forum.  Accordingly Mr. P. Banerjee argued that the complaint should be dismissed and the Complainant, if so advised, can try her luck by filing another proceeding on the self same cause of action before appropriate Forum.

 

As we find the present question before us is only for transfer of the complaint to another Forum on the personal ground of one of the Members of the Forum and she is a party to the proceeding.  There is no dispute that the said Member is a party to the proceeding.  In the circumstance we are of the opinion that the matter should be transferred to some other Forum.  Mr. Banerjee argued that the Calcutta Unit – I is the appropriate Forum in view of the subject matter of the proceeding.  Mr. Prasad also does not raise any objection regarding transfer to the said Forum. 

 

Accordingly the complaint is transferred to C.D.F., Unit – I for disposal on merit as also applications, if filed in the said proceeding in accordance with law after completing all requisite formalities.  We make it clear that we have not decided any of the contentions on merit.

 

PRONOUNCED :
Dated : 25 May 2010

[HON'BLE JUSTICE ALOKE CHAKRABARTI]PRESIDENT[MR. A K RAY]Member[MRS. SILPI MAJUMDER]Member