Order No.02             Date:  24.01.2020

Today is fixed for admission hearing.

            Ld. Advocate for the complainant is present.  The complainant has filed the instant consumer complaint against the Manager, Sahara India Pariwar and others on the allegation of deficiency in service in a dispute of non-payment of pre-matured amount against certificate Nos. 965000537273, 965000537274, 965000537275, 717000432005, 717000432006, 717000432007, 717000430012 & 717000432013.

            On perusal of the cause title of the consumer complaint, it appears that the OP- 3 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 CP Act, 2003. 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 filed an application dated 06.01.2020 U/s 11 (2) (b) of the C.P. Act, 1986.

            In our opinion, that will not help the case of the complainant as the complainant  purchased above mentioned certificates  from OP-3. The OP-3 is carrying on business at 1/4J, Paschim Putiary under Haridevpur P.S. Kolkata-700041.

 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 Howrah, then too complainant can file claim petition in Barasat or Krishnanagar or anywhere in West Bengal where a Regional and Registered Office of Sahara India Pariwar is situated. We cannot agree with this contention, it will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression of Regional and Registered 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 Haridevpur-P.S. within DCDRF, Unit III, Alipore, South 24 Pgs 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, 1986. Thus, the MA No. 07 of 2020 is not tenable and rejected.

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

Liberty be given to the complainant to approach his grievance before the Competent Forum having its jurisdiction, if so desire.

            Thus, MA being No. 07/2020 is disposed of.