NCDRC

NCDRC

RP/2717/2016

SALES MANAGER, GANGES FORD (SHOWROOM) & ANR. - Complainant(s)

Versus

RANJAN KUMAR MISHRA & ANR. - Opp.Party(s)

MR. ALOK MUKHOPADHYAY & MS. TANUSREE DHAR

29 Nov 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2717 OF 2016
 
(Against the Order dated 30/08/2016 in Appeal No. 94/2015 of the State Commission West Bengal)
1. SALES MANAGER, GANGES FORD (SHOWROOM) & ANR.
PROP LAXICON COMMERCIAL ENTERPRISE LIMITED. TRINITY PLAZA, 84/1A, TOPSIA ROAD(S),
KOLKATA-700046
WEST BENGAL
2. WORKING MANAGER,
GANGES FORD CENTER, 24, MEMANPUR, MAHESHTALA, BUDGE BUDGE, TRUNK ROAD,
KOLKATA-700141
WEST BENGAL
...........Petitioner(s)
Versus 
1. RANJAN KUMAR MISHRA & ANR.
S/O. RADHAKRISHNA MISHRA, VILL & P.O. BATHUARY P.S. EGRA,
DISTRICT-PURBA MEDINIPUR-721634
WEST BENGAL
2. FORD INDIA PRIVATE LIMITED.,
6TH FLOOR, UNIT D2, AKASH TOWER, 781, ANADAPUR,
KOLKATA-700107
WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MR. DR. S.M. KANTIKAR,MEMBER

For the Petitioner :
Mr. Alok Mukhopadhyay, Advocate with
Ms. Tanusree Dhar, Advocate and
Mr. Subhankar Sanyal, Advocate
For the Respondent :
Mr. Himanshu Sekhar Samanta, Advocate

Dated : 29 Nov 2018
ORDER

1.       Heard the learned counsel for the parties and perused the impugned order passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (hereinafter referred to as ‘the State Commission’) whereby the plea of territorial jurisdiction raised by the petitioners which was negated by the District Consumer Disputes Redressal Forum at Purba Medinipur (hereinafter referred to as ‘the District Forum’) has been upheld.

2.       The learned counsel for the petitioners submitted that the petitioners do not have any branch office at Purba Medinipur nor carry on any business there and, therefore, the District Forum did not have any territorial jurisdiction to entertain the complaint filed by the respondent herein. According to him in view of the statutory provisions of Section 11 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’), the complaint could have been filed only before the District Consumer Disputes Redressal Forum at Kolkata and not at any other place.

3.       The submission made by the learned counsel for the petitioners is wholly misconceived. Under Section 11 of the Act, a complaint can be filed where part of cause of action has arisen to the complainant. In the present case, we find from the Tax Invoice placed before us by the respondent, the address of the purchaser i.e. respondent herein mentioned as follows:

          “Ranjan Kumar Mishra

Son of: Radhakrishna Mishra
Vill & PO-Bathuary, PS-Egra

Dist-Purba Medinipur

PIN-721422”

 

4.       Thus, at the time of the sale of the vehicle in question, the petitioners were well aware that they were selling a vehicle to a person who is resident of Purba Medinipur, which implies that the vehicle was to be used at Purba Medinipur. Thus, a cause of action had arisen at Purba Medinipur. The order passed by the District Forum as affirmed by the State Commission does not suffer any material irregularity or jurisdiction error which may call for interference in exercise of the revisional jurisdiction.

5.       The revision petition fails and is, accordingly, dismissed.

6.       The amount of Rs.1,00,000/- deposited by the petitioners be refunded along with accrued interest, if any.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
DR. S.M. KANTIKAR
MEMBER

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