Sri Shyamal Gupta, Member

Challenging the dismissal of his complaint case bearing No. 181 of 2018 by the Ld. District Forum, Howrah vide its Order dated 14-11-2018, this Appeal is preferred.

Holding inter alia that it lacked jurisdiction to entertain the instant complaint case, Ld. District Forum dismissed the said case straightway.

Having heard both sides and on careful perusal of the material on record it transpires that the showroom of the Respondent No. 3, from where the disputed refrigerator was purchased, is situated in Howrah district which falls within the territorial jurisdiction of the Ld. District Forum. 

Sec. 11 of the Consumer Protection Act, 1986 runs as under:

“11.        Jurisdiction of the District Forum.—(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs. 

(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 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 either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

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

A plain reading of the aforesaid Section is suffice to appreciate that the aggrieved consumer is free to approach a District Forum under whose jurisdiction any one of the opposite parties carries on business or has a branch office.

It is needless to say, therefore, that by dismissing the complaint case in question, the Forum below committed grave illegality.  The District Forum posses enough jurisdiction to entertain the case.

Accordingly, we are inclined to set aside the impugned order and allow this Appeal.

Parties to appear before the Ld. District Forum on 30-03-2020 for further order.