West Bengal

Jalpaiguri

CC/9/2018

Shambhu Chowdhury - Complainant(s)

Versus

Kaysons Automotive Pvt. Ltd. of Kapil Centre, - Opp.Party(s)

Self

05 Mar 2018

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC/9/2018
 
1. Shambhu Chowdhury
S/O Late R. Chowdhury, resident of 48 N.S. Bose Road, East Bhaktinagar, Siliguri, P.O. and P.S. Bhaktinagar, Dist.- Jalpaiguri, Pin.- 734007.
...........Complainant(s)
Versus
1. Kaysons Automotive Pvt. Ltd. of Kapil Centre,
Sevoke Road, P.O.-Siliguri, Dist.- Jalpaiguri, P.S.- Bhaktinagar, Pin.- 734001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 05 Mar 2018
Final Order / Judgement

          The complainant is present in person. The complainant has filed certified copy of the order sheet and certified copy of judgement of the Consumer case no. 3/S/2017 of DCDRF, Siliguri. Let those be kept with the record.

             The case is taken up for hearing admission. From the certified copy of the order sheet filed by the complainant we find that previously the complainant filed one case on the self same cause of action on 04/01/2017 befpore the DCDRF, Siliguri, Dist.- Darjeeling. The said case was registered as Consumer case no. CC/3/17. From the said order sheet we also find that the O.P. appeared in the said case and filed W/V. Ultimately the said case was finally heard on 27/12/2017 on the point of maintainability and judgement was delivered on 05/01/2018. From the certified copy of the judgement passed by the Ld.Forum on 05/01/2018 we find that the case was dismissed on contest being not maintainable on the ground that there was want of territorial jurisdiction of the said Forum. However the Ld.Forum didn’t give the complainant any liberty to sue afresh. As such we think that we have got no authority to admit the present case filed by the complainant when his previous case has already been dismissed on contest. Accordingly the present case can not admitted and is liable to be dismissed.

           Hence it is

                                             O R D E R E D :-

that the Consumer Case no.09/2018 be and the same is dismissed without cost. Let plain copy of this order be supplied to the complainant free of cost forthwith. The extra sets and the original documents if any be returned to the complainant on proper identification and receipt. The case is thus disposed off.

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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