Orissa

Ganjam

CC/67/2021

Sri Satayabrata Upadhyay - Complainant(s)

Versus

Mr Sanjeev Bedi - Opp.Party(s)

07 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GANJAM, BERHAMPUR.
 
Complaint Case No. CC/67/2021
( Date of Filing : 17 Aug 2021 )
 
1. Sri Satayabrata Upadhyay
BD-227, Sector 1, Salt Lake, Bidhannagar, 24 Paraganas (N), Pin 700 064.
...........Complainant(s)
Versus
1. Mr Sanjeev Bedi
Owner of the Hotel Song of the Seas, Gopalpur, Ganjam, Odisha.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Aswini Kumar Mohapatra PRESIDENT
 HON'BLE MRS. Tapaswini Sethy MEMBER
 
PRESENT:
 
Dated : 07 Sep 2021
Final Order / Judgement

07.09.2021: The case is posted today for hearing on the point of admission. The complainant is not present but sent a petition alongwith his self attested photo copy of adhar card  through registered post to prove his identity and residence of BD-227, Sector-1, Salt lake, Bidhannagar(M),North 24 Parganas, West Bengal-7000064. The same petition this office have already been received in advance through office mail of this Commission since 06.09.2021. In this regard necessary information has already given to the complainant on the same date. The complainant therein seek necessary instruction to transfer his case to the District Consumer Forum, Rajarhat (New Yown) Premises No.38-0775, Plot No.AA-IID/31/3, Newtown, Westbengal 700161 to his local jurisdiction for adjudication where he resides as he falls under the said jurisdiction of Dist Forum Rajarhat as grounds stated therein that as he is a physician of 71 years old convenience as accorded. Moreover he was not aware at the time of lodging of this complaint before this commission regarding the new provision have been created under amendment of C.P.Act, 2019 to lodges a complaint at the respective place of residence of the complaint.

As per the statutory provisions of law Under Section 62 of C.P.Act, 2019   Hon’ble National Commission, New Delhi may exercise the power of transfer of any complaint pending before the District Commission of one State to a District commission of another state or before one state Commission to another State Commission. This Dist. Commission have no jurisdiction to pass such any order or instruction to transfer any case of this Forum to any other District Forum of outside of the State.  We perused the memo, verified the record. It is ascertained from the memo that the complainant being an inhabitant of Westbengal he wants to place his grievances before the Dist. Commission Rajarahat (West Bengal) under whose jurisdiction he voluntarily resides as thus he donot interested to proceed with the present case No. 67 of 2021 pending before this Commission for admission at Berhampur in the district of Ganjam. But there is no memo in this regard. So far he wants to transfer the case to the Dist. Commission of his own district.  In view of the justice as contemplated considering the facts this Commission have been pleased to close the present case of the complainant prior to its admission as not pressed with a direction to file a complaint a fresh before the Dist. Commission, Rajarhat  (W.B)if desires. As a complainant have got every right and at his liberty to file a fresh complaint before any other Dist. Commission of his own choice having jurisdiction and may withdraw the present case from this Commission. On foregoing discussion as above the case is closed accordingly with a direction that the complainant may file another fresh case on the same cause of action before the competent authority having jurisdiction of any other district of other state. As thus the office is directed to return back the copies of the documents to the complainant with immediate effect.

 
 
[HON'BLE MR. Dr. Aswini Kumar Mohapatra]
PRESIDENT
 
 
[HON'BLE MRS. Tapaswini Sethy]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.