Order no.4

Ld. Advocate for the decree holder is present.

Ld. Advocate for the decree holder prays for transfer of the case to DCDRC, Kolkata, Unit-IV presently having territorial jurisdiction of P.S. Narkeldanga and P.S. Beliaghata for the purpose of execution of the judgment/final order passed in CC/69/2020 under provision of order XXI rule 5 & 6 of the Code of Civil Procedure.

Perused and considered the material on record it appears that the execution case has been filed under section 71 of the Consumer Protection Act, 2019 on the prayer of execution of final order/judgment dated 13.06.2022 passed by this Commission in CC/69/2020.

It appears that the address of the parties are under P.S. Narkeldanga  and P.S. Beliaghata.

At the time of passing judgment in CC/69/2020 the instant Commission had territorial jurisdiction of P.S. Narkeldanga and P.S. Beliaghata. Subsequently vide order 2013-CAD-11015(38)/1/2018 dated 21.06.2021 Hon’ble DCDRC, Kolkata, Unit-IV has territorial jurisdiction of P.S. Narkeldanga and P.S. Beliaghata.

In view of section 71 of the Consumer Protection Act, 2019, the provision of order XXI of the first schedule of Code of Civil Procedure is applicable herein.

Therefore, there is no bar to send the final order/judgment passed in CC/69/2020 for execution to another Commission being DCDRC, Kolkata, Unit–IV having such jurisdiction under rule 5 of order XXI of the Code of Civil Procedure.

Let the copy of the judgment passed in CC/69/2020 along with the record of EA/11/2023 be immediately sent to DCDRC, Kolkata, Unit–IV for disposal on keeping the skeleton file of the same in this Commission.

Registrar to comply at once.