Order No.01                                                                             

Dt. 20-07-2022

Received one application with enclosure by Speed Post from Mr. Partha Sen at Madhabganj, Bishnupur, District- Bankura , PIN-722 122 addressed to this Commission against one Debabrata Majumder, Proprietor of Majumder Enterprise, 49/1, S.C. Aown Road, Rishra, District-Hooghly, PIN-712 248 praying for certain relief.

Register the application as Miscellaneous Application.

On perusal of the application and the enclosures thereof  it is seen that there was a settlement in writing between the parties through mediation before the Assistant Director, Consumer Affairs & Fair Business Practices, Hooghly Region on 28/01/2020 in relation to an agreement for sale dated:24-07-2018 for payment of Rs.2 Lakh by installment in favour of said Partha Sen by said Debabrata Majumder.

The above settlement was made within the jurisdiction of Hooghly  as both the parties and the property involved lie within that jurisdiction.

Above Debabrata Majumder having failed to pay the instalment amount as agreed upon said Partha Sen again approached the Assistant Director, Consumer Affairs & Fair Business Practices, Hooghly Region giving his new address at Bishnupur within the jurisdiction of Bankura. But the said Consumer Affairs Department sent a letter dated:31/01/2022 to the said Bishnupur address of Partha Sen intimating him that they cannot entertain re-mediation and advised the said Partha Sen to lodge a fresh case at D.C.D.R.C., Bankura. Accordingly the present application has been sent to this Commission.

Said Partha Sen has already opted to submit his grievances within the jurisdiction of Hooghly and now citing an address of Bishnupur without any substantial proof he has come before this Commission to cover the territorial jurisdiction of this Commission. The cause of action  has already arose within the jurisdiction of Hooghly where the settlement through mediation was made and now he cannot shift the cause of action citing his new address of Bishnupur and the new  address is not substantiated  from the document of above referred agreement for sale.Perhaps said Partha Sen has been misguided by the Consumer Affairs Department,Hooghly to make the application before this Commission.

According to Section 34 (3) of Consumer Protection Act, 2019 the District Commission shall ordinarily function in the District  Headquarters unless notified by the State Government to exercise its power in other District.

For the reason stated above this Commission has no territorial jurisdiction to entertain the application of said Partha Sen and hence this Misc. Case is dismissed and he may pursue his application before the appropriate authority.