West Bengal

Cooch Behar

CC/54/2005

Sri Jyoti Prasad Das, - Complainant(s)

Versus

Mandira Bose De, - Opp.Party(s)

16 Jan 2006

ORDER

District Consumer Disputes Redressal Forum
B. S. Road, Cooch Behar
Ph. No.230696, 222023
 
Complaint Case No. CC/54/2005
 
1. Sri Jyoti Prasad Das,
S/o. Late Kailash Ch. Das, Kalikadas Road Bye Lane, P.S. Kotwali, P.O. & Dist. Cooch Behar.
...........Complainant(s)
Versus
1. Mandira Bose De,
Tour & Style Pvt. Ltd., 255 Purnadas Road, 2nd Floor, Kolkata-700029.
............Opp.Party(s)
 
BEFORE: 
 
For the Complainant:
For the Opp. Party:
Dated : 16 Jan 2006
Final Order / Judgement

Date of Filing 27/10/2005                                                   Date of order 16/01/2006

Order No.5, dated 16/01/2006.

Today is fixed for order regarding the point of jurisdiction of this Forum for admission of the complaint.

Perused the complaint filed by the Complainant on 27/10/2005. Considered.

It is seen from the complaint that the O.P voluntarily resides or carrying on his business at 255 Purnadas Road, Kolkata-700029 which is outside the jurisdiction of this District Forum.

The Complainant stated in para No.3 of the complaint that he entered into a settlement with the O.P at Cooch Behar and at that time the O.P promise to supply him necessary foreign exchange. But the Complainant has not furnished any document in this regard to establish the same. It is also not established by any document that he paid any cash or cheque to the O.P at Cooch Behar.

Moreover, the Complainant has stated in the para No.19 of his complaint that the cause of action arose, when he could not board the Paris-Kolkata flight on 10/07/2004 and so the cause of action did not arise within the jurisdiction of this Forum.

Under these circumstances, we are of the opinion that this District Forum has no jurisdiction to entertain to complaint U/S II of the C.P. Act, 1986 and therefore, the complaint dated 27/10/2005 should not be admitted for the want of jurisdiction.

 

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