Today is fixed for hearing on admission point. Ld. Lawyer for the Complainant is present by filing hazirah and also submitted the facts of the case. Complainant files an Inventory Slip which reflects that the Complainant and the O.P. both the permanent residents of Tulshipur, Kharik, Tulsipur, Jamunia, Dist & P.S. Bhagalpur in the State of Bihar- 853202 and Tamil Nadu.
The cause of action are fully arose on that particular area which situated at Fulbari Parking Zone, Fulbari, Police Station NJP, Dist. Jalpaigui- 734004
According to the Consumer Protection Act 2019 the Territorial Jurisdiction is described as under
Section 34. (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,-
- The Opposite Party or each of the Opposite Parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain: or
- Any 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, provided that in such case the permission of the District Commission is given: or
- The cause of action, wholly or in part, arises: or
- The complainant resides or personally works for gain.
After hearing the Ld. Lawyer for the complainant and on going through the materials on record it needs to be mentioned, that the case is not under the territorial jurisdiction of this Commission as prescribed under the Consumer Protection Act, 2019 and therefore, the same cannot be admitted.
Hence, it is
O R D E R E D
That the instant case C.C. No. 71 of 2024 be and the same is dismissed as the case in not under the territorial jurisdiction of this commission. Prayer for admission stands refused. The case thus is disposed of.
Let a copy of this order be handed over to the complainant free of cost.
