Order No. 4                            Dated: 06.06.2024

Today is fixed for admission hearing.

Representative of the complainant is present. Heard Representative of the complainant on admissibility of the Consumer Complaint.

On perusal of the complaint petition it appears that the complainant purchased a Kissan Pine Appeal Jam from grocery shop of Brijesh Agarwal & Sons, Kirana Merchant located at Panagarh Bazar, Paschim Bardhaman on 20.01.2024. After purchasing it is found that a non edible substance like Iron Nut Bolt is present at the bottom of the sealed pack of the alleged product and the complainant has verbally requested the said shop to resolve the issue in question but no fruitful result and accordingly the complainant has filed the instant case with the prayer for passing order as per prayer portion of the complainant. 

It also reveals that the complainant has filed the case against 5 OPs for deficiency in service whereas OPs-1 to 3 carry their business within the jurisdiction of this Commission and the other 2 OPs carry their business outside the jurisdiction of this Commission even the complainant also resides outside the jurisdiction of this Commission. Surprisingly Brijesh Agarwal & Sons, Kirana Merchant, grocery shop has not been made as a party in the instant case.

In view of the above, we are of the opinion that unless the said grocery shop has not been made as a party, the matter cannot be adjudicated even no petition praying for permission has been filed for the complainant against the OPs-4 and 5 as the said OPs carry their business outside the jurisdiction of this Commission.

On the above observation, we are not inclined to admit the instant Consumer Complaint in its present form and rejected accordingly being non joinder of necessary parties.

However, the complainant is at liberty to file afresh on the same cause of action on the observation made in the body of the order, if so advised, and if not, otherwise barred by law.