Order No. 02 Dated- 10.12.2021
Today is fixed for admission hearing.
Heard the Ld. Advocate for the complainants. Perused the complaint petition coupled with documents annexed thereto. On bare perusal of the cause title of the consumer complaint, it appears to us that OP-1 is carrying on business within the jurisdiction of this Commission but remaining OPs are carrying on business and/or residing outside the territorial jurisdiction of this Commission. Section 34 (2) of CP Act, 2019 reads as follows:-
(2) A complaint shall be instituted in a District Commission within a local limits whose jurisdiction,-
(a) the OP or each of the OPs, where there are more than one, at the time of institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
(b) any of the OPs, where there are more than one at the time fo the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office, or personally works for gain, provided that in such cases the permission of the District Commission is give; or
(C) the cause of action, holding or in part arises; or
(d) the complainant resides or personally works for gain.
Complainants are permanent inhabitants of Bidhanagar PS and OPs 2 to 4 are also carrying on business and/or residing under Airport PS and Bidhanagar PS respectively. Complainants fail to file any application U/s 34 (2) (b) of CP Act, 2019 for grant of permission to sue the instant case against the OPs 2 to 4.
In the above premises, we are not inclined to admit the complaint and the complaint is rejected.
