Order No.  1                                           Date : 05.01.2018.

Petition of complaint is filed by Shri Kalyan Sarkar,  against Sales Manager, Whirlpool of India Ltd., and others,  under Section 12 of the CP. Act, 1986 along with demand draft of  Rs. 100/-  being  demand pay  no. 089395 dated 03.01.2018 of Central Bank of India, Howrah. 

Let it be registered as complaint case no. CC/5/2018.

Fee paid by complainant is correct.

The case is taken up for admission hearing.

Heard ld. advocate for the complainant.

Perused the petition of complaint and materials on record.

It appears that complainant has filed this case stating interalia that this complainant purchased refrigerator from o.p. no. 1 at Rs. 14,800/-. Thereafter said refrigerator suffered defect. So he made complaint on 14.01.2017 to the o.p. no. 1 but o.p. no. 1 did not respond. So he has filed this case and prays for damages etc.

It appears that the address of the o.ps. are beyond the jurisdiction  of this Forum.  The o.p. no. 1/ dealer / seller is carrying his business in Calcutta. O.p. no. 2 is also carrying his business in District of Hooghly. So it appears to us that both the o.ps. are carrying on their business beyond the jurisdiction  of this Forum. There is nothing on record to show that o.ps. are residing or carrying on their business within the jurisdiction  of this case.   

Complainant is residing within the jurisdiction of this Forum. It also reveals from para 10 of the petition of complaint that cause arose on 23.10.2017. So this complaint is silent about the place of cause of action.

As per clause ( c ) of sub section (2) of Section 11 of the C.P. Act, 1986 that  a complainant shall be instituted in a District Forum within the legal limits of whose jurisdiction, -  ( a ) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain and the cause of action, wholly or in part, arises.

          In the present case neither the o.ps. are residing or carrying on business within the jurisdiction  of this Forum, cause of action of this case has also not arisen within jurisdiction of this Forum.

          In view of the above facts and circumstances we hold that this Forum has got no territorial jurisdiction to entertain this complaint. So this complaint is liable to be dismissed for want of territorial jurisdiction but we like to give liberty to the complainant to file complaint afresh before the appropriate Forum having territorial jurisdiction to entertain this complaint.

          Hence,

                       it is,

                                     O r d e r e d    

          That the complaint be and the same is hereby dismissed for want of territorial jurisdiction.

          Liberty is given to the complainant to file complaint before the appropriate Forum according to law having territorial jurisdiction to entertain this complaint.