Maharashtra

DCF, South Mumbai

CC/08/139

Shree Navin Orient Mall Speed Transport Service - Complainant(s)

Versus

ICICI Bank Ltd - Opp.Party(s)

MrS.Kalyani G. Parmar,B.A.,LLB Shri Vinod K.Sharma

29 Oct 2011

ORDER

Complaint Case No. CC/08/139   1. Shree Navin Orient Mall Speed Transport Service 414,Deshi Chambers, Puna Street Dena Bundes Mumbai Maharastra ...........Complainant(s) Versus 1. ICICI Bank Ltd Vavsari Building 240, D.N.Road Fort Mumbai-1 Maharastra ............Opp.Party(s)

BEFORE:     HON'ABLE MR. SHRI.S.B.DHUMAL. HONORABLE PRESIDENT   Shri S.S. Patil , HONORABLE MEMBER

PRESENT:

ORDER ORDER BELOW EXHIBIT – 1  PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :   1) Read Order below Opposite Party’s application for non maintainability of the complaint on the ground of jurisdiction. After hearing both the parties, we have come to the conclusion that cause of action or part of cause of action for dispute mentioned in the complaint has not arises within the territorial jurisdiction of this Forum. As mentioned above, the Complainant has drafted complaint in such an ingenious manner and thereby suppressed material facts regarding present dispute from this Forum by making vague allegations averment regarding their account but without disclosing the branch of the ICICI Branch in which the Complainant’s have account where fraud took place. Therefore, in view of decision of the Hon’ble Supreme Court reported in AIR 1994 SC 853, complaint deserves to be dismissed. Hence we pass the following order -   O R D E R   i.Complaint No. 139/2008 is dismissed with no order as to cost. ii.Certified copies of this order be furnished to the party.

[HON'ABLE MR. SHRI.S.B.DHUMAL. HONORABLE] PRESIDENT   [ Shri S.S. Patil , HONORABLE] MEMBER