F I N A L   O R D E R

This is a complaint U/S 12 of the C. P. Act, 1986 with the prayer for an award directing the O.P. to pay Rs.92,000/- plus Rs.69,000/- as rest advance money and loss suffered respectively, Rs.25,000/- as compensation for harassment and mental agony and Rs.5,000/- as litigation cost.

The complainant’s case in short is that the complainant being assured by the Manager, named Mohosin Ali of the O.P., agreed to purchase 25,000 bricks at the rate of Rs.4,000/- per 1,000 bricks from the O.P. and he on 26.07.2011 paid Rs.1,00,000/- as advance money to the O.P. The O.P. agreed to supply the bricks to the complainant with 2 months from such date, but it failed to supply the bricks. Subsequently being requested the O.P. supplied only 2,000 bricks on 21.02.2012. The complainant to complete the construction of house was forced to purchase bricks at the higher rate of Rs.7,000/- per 1,000 bricks.  As  a  result the complainant

suffered a loss of Rs.69,000/-. For the negligence and deficiency in service the complainant suffered mental agony and harassment. So the complainant is entitled to get Rs.92,000/- plus Rs.69,000/- as rest advance money and loss suffered, Rs.25,000/- as compensation for harassment and mental agony and Rs.5,000/- as litigation cost from the O.P.  Hence this case.

The O.P. contested this case by filing written version while stating inter alia that the complaint is not maintainable, this Forum has no jurisdiction to try this case, Mohosin Ali was never the Manager of the O.P., the O.P. never received advance money of Rs.1,00,000/- from the complainant, the O.P. never supplied any bricks to the complainant as per alleged contract and the contents of the complaint petition is nothing but a concocted story. The O.P. has further stated that the case is liable to be dismissed with cost.

DECISIONS WITH REASONS

To establish the case the complainant, has relied upon his statements, statements of another one witness, the photocopies of one receipt dated 26.07.2011 and two road challans. On the other hand the O.P. to challenge the case of the complainant and to establish its case has relied upon the statements of Proprietor, Abul Kalam Azad and another witness named Abdul Kader. The O.P. has also relied the evidence on affidavit of said Abul Kalam Azad and Abdul Kader.

We carefully peruse all the above documents and the statements of the witnesses as mentioned above. As the O.P. has challenged the jurisdiction of this Forum, it is essential to decide first the point whether this Forum has any jurisdiction to try this case. In the body of the complaint the complainant has clearly stated that the office of the O.P. is situated at Inayet Nagar (Baniapukur) within the P.S. & Dist. Malda. In the written version the O.P. has stated that it has no office or branch office within the local limit of this Forum. The O.P. has further stated that the proprietor of the O.P. company has not been living within the local limit of this Forum. In the complaint the complainant has stated that he was assured by the Manager, Mohosin Ali and he paid money to the O.P. on 26.07.2011. The O.P. has clearly stated that at the relevant time or at any point of time Mohosin Ali was not the Manager of the O.P. and since 2007 one Abdul Kader has been working as Manager of the O.P. Abdul Kader has been examined in this case as O.P.W.2. He has stated  on oath  before this  Forum that he has been working as Manager

of the O.P. since the month of December, 2007 and he never took any advance money from the complainant. The complainant has failed to adduce any evidence to show that Mohosin Ali was the Manager of the O.P. company. Mohosin Ali has not been examined in this case. So we find that the transaction in question was made at Inayet Nager within the district of Malda and accordingly we hold that this Forum has no jurisdiction to try this case. 

As this Forum has no jurisdiction to try this case, to decide the other points involved in this case, does not arise.

In view of the above discussions this Forum has no jurisdiction to try this case. Accordingly the case fails.

Fees paid is correct.

Hence, it is

ORDERED

that  the  complaint  case  being  No. CC-97/2012 be and the same is dismissed on contest without cost.

Let the copy of this order be supplied to the parties each free of cost.