ORDER NO. 3 DT. 23.07.2009

          The record is placed today for passing necessary orders in respect of admission of the present petition of complaint.  The present complaint has been filed by the complainant, Mr. Koushik Halder, for compensation to the tune of Rs. 46,95,000/- against the OP/Bank for alleged deficiency in service, unfair trade practice, irreparable injury, mental agony, etc.   The main contention of the petition of complaint, in brief, is that the complainant, who is a customer of the OP/Bank was transferred to Canada in the middle of August, 2007 and stayed there till middle of February, 2009 when he returned to India.  During his stay in abroad (Canada) the complainant had monetary transactions through his Credit Card facilities with the OP/Bank from time to time.  The transactions were incorporated in the monthly statements of Credit Card Account of the complainant by the OP/Bank.  On perusal of such monthly statement dt. 25.6.08, for the due date 16.7.08, the complainant noticed fraudulent transactions on 30.5.08 for Rs. 1,746.51 and on 16.6.08 for Rs. 5775.99.  The complainant made several correspondences with the OP/Bank for proper redressal, but all his attempts were in vain.  Finding no other alternative the complainant has preferred the present petition of complaint for redressal in the manner already mentioned above.  We have duly considered the submissions put forward on behalf of the complainant on the point of admissibility of the present petition of complaint and have gone through the petition of complaint along with its annexure, etc. and find that it is an admitted position that the disputed transactions were entered into between the complainant and the OP/Bank at Canada which is definitely beyond the territorial jurisdiction of this Commission.  May be, there is some genuine and positive grievances of the complainant against the Ops, but as the transactions in dispute took place outside the territorial jurisdiction of this Commission, we do not think that the controversy between the parties can be effectively adjudicated by this Commission independently without the help of foreign authorities.  Besides that, the Consumer Protection Act does not permit admission of any dispute/allegation of fraud.  If that be the position, we do not think that the present petition of complaint is maintainable under the law and as such, we have got no alternative but to dismiss the petition of complaint without being admitted.

          Hence, it is ORDERED that the petition of complaint is dismissed without being admitted.