West Bengal

Kolkata-II(Central)

CC/287/2014

PARIMAL MONDAL& ANOTHER. - Complainant(s)

Versus

MR. SARAVANA KUMAR & ANOTHER. - Opp.Party(s)

CHANDRA SHEKHAR KABIRAJ

19 Aug 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/287/2014
 
1. PARIMAL MONDAL& ANOTHER.
PIYALI KALARIA, POST -KALARIA, PIN-743363, P.S-JIBAN TALA
SOUTH 24 PARGANAS
2. DULAL CHANDRA MISTRI
PIYALI KALARIA, POST -KALARIA, PIN-743363, P.S-JIBAN TALA
...........Complainant(s)
Versus
1. MR. SARAVANA KUMAR & ANOTHER.
PLOT NO-24.25 AND 26 PHASE NO-II, G.I.D.C VATVA, AHMEDABAD-382445
2. MR. AMIT DOSHI
PLOT NO-24.25 AND 26 PHASE NO-II, G.I.D.C VATVA, AHMEDABAD-382445
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'ABLE MR. Ashok Kumar Chanda MEMBER
 HON'ABLE MRS. Sangita Paul MEMBER
 
For the Complainant:CHANDRA SHEKHAR KABIRAJ, Advocate
For the Opp. Party:
ORDER

 

          Today is fixed for passing order in respect of the admission hearing of this case.  Fact remains the complainant files this complaint against the ops praying for redressal and fact remains ops have been running business for manufacturing and marketing the purifying water at the several parts of India and also over India and for which ops ordered the complainants to complete saluting water plants works at Nepal, Bargarah & Orissa and as per order complainants after finishing the works prepared some vouchers for payments which have been checked and verified by the ops.

          Thereafter complainant prayed for releasing their all dues of their three bills for three works of orders despite of that the complainant also visited the offices of the ops and requested them to give up their arrear payment but ops refused.

          From the very complaint it is clear that the head office or regional office or other managing director office are situated at Ahmedabad and in the complaint both the ops’ offices i.e. regional office and zonal office are situated at Ahmedabad.  Fact remains complainant completed the works as per work order of the Nepal, Bargarah & Orissa.  So cause of action arose either at Orissa or at Ahmedabad but no part of cause of action arose within the jurisdiction of West Bengal and in view of the above fact and also considering the provision of Section-11 of the C.P. Act it is clear that this Forum has no jurisdiction to entertain such complaint for admission and for want of jurisdiction and also for cause of action as arose and decided in West Bengal.

          Accordingly the complaint is dismissed.  

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'ABLE MR. Ashok Kumar Chanda]
MEMBER
 
[HON'ABLE MRS. Sangita Paul]
MEMBER

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