Today is fixed for order.

The case was heard on the point of jurisdiction. The Ld. Lawyer of the O.P submitted that the address of the O.P is at Siliguri. He further submitted that complainant purchased the materials from Siliguri not from Raiganj. So, as such this Forum has got no territorial jurisdiction to try this case.

On the other hand the Ld. Lawyer of the complainant submitted that the payment was made from Raiganj through bank. In this regard the Xerox copy of the pass book has been filed. Sec.11 of the C.P.Act, 1986 deals with matter of jurisdiction of the District Forum. According to Sec.1, the District Forum shall have the jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees twenty lakhs as per amendment. According to Sec.2 of Sec.11 A complaint shall be instituted in a District Forum within the local 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 reside, or carries on business or has a branch office, or personally works for gain; or

b) any 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, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or has a branch office, or personally works fir gain, as the case may be, acquiesce in such institution, or

c) the cause of action, wholly or in part, arises.

On perusal of the complaint the O.P carries his business at Siliguri and nowhere in the complaint it is found that the O.P has any branch office at Raiganj, or carries his business at Raiganj. Ld. Lawyer of the complainant wants to impress upon the Forum that the payment was made from the Raiganj, as such the cause of action arises. But such argument as raised by the Ld. Lawyer of the complainant is not tenable as because mere payment through bank will not attract the jurisdiction of this Forum at Raiganj. In this regard the Ld.lawyer of the O.P refers a case law Rajinder Chawala Vs. Make my Trip on 22 August, 2013. On perusal of the case law it is found that the territorial jurisdiction cannot be invoked merely booking through email, but it can be invoked at a place where the actual business was being done. For the instant case it is found that actually physical business is at Siliguri. So, mere payment through bank will not attract the territorial jurisdiction of this Forum. As such the instant case is not maintainable in this Forum. Hence,  

                                 O r d e r e d

That the case be and the same is not maintainable due to the lack of territorial jurisdiction of this Forum. Let the plaint be returned to the complainant through her Ld. Lawyer for filing the same before the proper Consumer Forum. Thus the case is disposed of.