West Bengal

StateCommission

A/304/2015

Sri Broja Gopal Dey - Complainant(s)

Versus

Max Life Insurance Co. Ltd. - Opp.Party(s)

Mr. Sumoy Sengupta

11 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/304/2015
(Arisen out of Order Dated 23/12/2014 in Case No. Complaint Case No. CC/329/2014 of District North 24 Parganas)
 
1. Sri Broja Gopal Dey
88, Nabin Pally, P.O. & P.S.- Belgharia,Dist. North 24 Pgs.,Kolkata -700 056.
...........Appellant(s)
Versus
1. Max Life Insurance Co. Ltd.
16, R.N. Mukherjee Road, S.B. Mention, 3rd Floor, P.O. Kolkata, G.P.O., P.S.- Hare Street, Kolkata-700 001.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER
 HON'BLE MR. JAGANNATH BAG MEMBER
 
For the Appellant:Mr. Sumoy Sengupta , Advocate
For the Respondent:
ORDER

DEBASIS BHATTACHARYA, PRESIDING MEMBER

Date : 11.5.2016

             This appeal has arisen out of order dated 23.12.2014 passed in CC No. 329/2014 by the Ld. District Consumer Disputes  Redressal Forum, North 24 Parganas, (in short, District Forum). By the impugned order, the case has been dismissed ex parte on the solitary ground of want of territorial jurisdiction. So, the appeal by the Complainant.

            The only point to be considered in this appeal, also being heard ex parte against the OP of the  Complainant case, is that the OP against whom the Complainant raised the complaint before the Ld. District Forum carries on business outside the jurisdiction of the said Ld. District Forum or not. The clear answer is in the positive. This is a strict bar under section 11 (2) of the Consumer Protection Act, 1986. No ground of institution of the complaint before the said District Forum is found. Accordingly, there is no matter of interference in the impugned order. The same is affirmed. The appeal stands dismissed ex parte, but in the facts and the circumstances of the case, without any cost.

 
 
[HON'BLE MR. DEBASIS BHATTACHARYA]
PRESIDING MEMBER
 
[HON'BLE MR. JAGANNATH BAG]
MEMBER

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