Date of filing : 27-05-2013                                               Date of Final Order : 29-08-2014

Order No. 23 dated 29-08-2014.

            Today is fixed for delivery of Final Order.

            None appears on behalf of the parties also no steps are taken on their behalf.

            During preparation of Final Order, a very peculiar thing is come to other notice.

          Complainant Sri Anup Roy along with 6 others complainants have filed the present case against the O.Ps Mr. Suvendu Bhowmik and 5 others for returning Rs.19,50,000/- by the O.Ps, deposited by the complainants to them without claiming any interest and they also prayed for amounting Rs.50,000/- to them towards mental harassment and litigation costs and total claim of the complainant is valued at Rs.20,00,000/-. Chart annexed with complaint reveals that Complainant No.1, Anup Roy deposited Rs.1,70,000/-, (2) Benu Roy deposited Rs.2,50,000/-, (3) Subhash Roy deposited Rs.2,00,000/-, (4) Ajit Kr. Roy deposited Rs.3,80,000/-, (5) Bijon Adhikary deposited Rs.3,50,000/-, (6) Doli Sarkar deposited Rs.3,00,000/- & (7) Dipti Adhikary deposited Rs.3,00,000/- and total amount is Rs.19,50,000/-.

          But on careful scrutiny with said chart and original documents submitted by the complainants, we find that actually complainant Subhash Roy deposited Rs.3,00,000/- but in chart his deposit is shown as Rs.2,00,000/-. Deposits regarding other complainants are tallying with chart and documents.

        So, it is clear that by showing deposit of Subhash Roy, Rs.2,00,000/- instead of Rs.3,00,000/-, the complainants intentionally reduced total deposit amount Rs.19,50,000/- instead of Rs.20,50,000/-.

         We seem that the complainants are well aware that pecuniary jurisdiction of this District Forum is up to Rs.20,00,000/- and by giving such false statement they illegally and wrongly invited jurisdiction of this District Forum and the complainants have not come to the Forum in clean hand.

        So, it is clear that the complainants practiced fraud upon this Forum by giving false statement and there by choosing wrong jurisdiction of this Forum. They have also wastage valuable time of this Forum by dragging the case for than one year.

            Accordingly, we opined that the present case is be dismissed for want of pecuniary jurisdiction with costs.

Hence,

            It is ordered that the DF Case No.43/2013 be and the same is dismissed for want of pecuniary jurisdiction with costs of Rs.5,000/- payable by the seven complainants jointly and/or severally to the “State Consumer Welfare Fund”, West Bengal within 30 days failure of which the complainants  shall have to pay Rs.20/- for each day’s delay.

            Let plain copy of this Final Order be supplied, free of cost, to the concerned  party/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.

Dictated and corrected by me.

                    Member                                                                       President

                   District Consumer Disputes                                       District Consumer Disputes 

               Redressal Forum, Cooch Behar.                                 Redressal Forum, Cooch Behar.

                                                                         Member    

                      District Consumer Disputes 

                                                       Redressal Forum, Cooch Behar.