No. 4/03.08.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This appeal is by the Complainant against the order of dismissal of his complaint case purely on the ground of want of territorial jurisdiction.  Evidently the Complainant – Petitioner purchased a truck from the O.P. No. 2 being financed by the O.P. No. 1.  The model number, engine number and chassis number of the said truck as mentioned in the complaint petition have not been disputed by the O.Ps – Respondents.  It has been alleged in the complaint case that all on a sudden on 19.04.2008 the employees of the O.P. No. 1 took forcible possession of the aforesaid truck in question from the Complainant on the alleged ground of default in making payment of monthly installment.  It has consistently been held both by the Hon’ble National Commission and Hon’ble Supreme Court that a financier cannot take forcible possession of the vehicle in question in the event of default in payment of monthly installment without taking recourse to the due process of law.  The complaint case was thus filed against such illegal forcible taking of possession of the said truck the cause of action for which arose on the date on which such forcible possession of the truck was taken by the agent of the O.P. No. 1 and in a place where such illegal possession was taken.  From the materials on record it is evident that such illegal possession was taken by the agent of the O.P. No. 1 within the district of Murshidabad.  It, therefore cannot be said that the cause of action for the above complaint case arose only within the territorial jurisdiction in which either of the O.P. No. 1 and O.P. No. 2 is located and not within the district of Murshidabad.  For the reasons as aforesaid the impugned judgement dismissing the complaint on the ground of want of territorial jurisdiction cannot be sustained.  The same is, therefore, set aside.  The complaint case is sent back on remand for fresh disposal in accordance with law on merits.  The appeal is thus allowed.