Order No.02         Dated :    07.01.2020

            Today is fixed for Admission Hearing.

            Ld. Advocate for the complainant is present.  Complainant files an application U/s 11 (2) (b) of the CP Act., supported by an affidavit praying for grant permission to file the instant consumer case on the ground stated therein. Let the application be registered as MA No.11 of 2020.

            The complainant filed the instant consumer case against Machino Techno Sales Limited and another on the allegation of deficiency in service in a dispute of non replacement of Ignis Zeta (Model – Maruti Suziki) Car.

            On perusal of the cause title of the consumer complaint, it appears that the OP-1 is carrying on business outside the territorial jurisdiction of this Forum.  The Ld. Advocate for the complainant invited our attention to the amendment brought about in Section 11 (2) of the C.P. Act. The amended section 11 (2) of the Act reads as under:

(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 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 has a branch office, or personally works for gain, as the case may be, acquiesce in such institution; or

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

            Complainant files an application U/s 11 (2) (b) of the C.P. Act.

            In our opinion, that will not help the case of the complainant as the complainant purchased Masruti Suziki Ignis Zesta  car in lieu of his old car from OP-1  who is the dealer of OP-2 Maruti Suzuki Limited. The OP-1 is carrying on business at 109/1, Foreshore Road, Howrah – 711102.  If the contention of the Ld. Advocate for the complainant is accepted, it will mean that even if a cause of action has arisen in South 24 Parganas then too complainant can file claim petition in Barasat or Krisahnanagor anywhere in West Bengal where a Regional Office of Maruti Suzuki Limited is situated. We cannot agree with this contention, it will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression Regional office in the amended section 11 (2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of section 11 (2) (b) of the Act.

            In the present case, since the cause action has arisen at Howrah, the DCDRF, Howrah alone will have jurisdiction to entertain the complaint.

            For the reason stated hereinabove, we are not inclined to allow the prayer of the complainant U/s 11(2) (b) of the C.P. Act. Thus, the MA No. 11 of 2020 is rejected and disposed of.

            The complaint is not admitted as this Forum have no territorial jurisdiction to entertain the complaint.

Liberty be given to the complainant to approach his grievance before the competent Forum, if so desired.