Date of Filing: 22-11-2016 Date of Final Order: 07-04-2017
Sri Gurupada Mondal, President
Order No.8, dated 07/04/2017.
Today is fixed for passing necessary order.
Both the parties file hazirahs.
The case record is taken up for order.
The O.P filed a petition under Section 11 of C.P. Act, 1986 before this Forum alleging that instant case is not maintainable either in law or in facts. The case is barred by limitation and this Forum has no territorial jurisdiction to entertain this case. It is further alleged that the Complainant has no cause of action to file the instant case. It is the further case of the O.P that the Complainant approached the Consumer Affairs Department at Jalpaiguri for proper redressal. According to the O.P, this Forum has no territorial jurisdiction to try this case as the O.P is the proprietor and resident of Salugara under P.S Bhaktinagar, Jalpaiguri and his office is situated at Salugara in the district of Jalpaiguri.
The Complainant has not filed any written objection against the said petition but during argument, Ld. Agent for the Complainant submits that the Complainant sent a registered letter with A/D to the O.P before institution of this case and in that letter, the Complainant demanded the money advanced to the O.P.
Points for consideration
Is the O.P entitled to get an order as prayed for?
Decision with reasons
Cause of action means the entire bundle of facts which the Complainant has to allege or to prove in order to succeed. There is no dispute as regards the pecuniary jurisdiction of this Forum. On perusal of the complaint filed by the Complainant, it reveals to us that the Complainant wanted to purchase a vehicle being No. WB-75-AA/0518 at a consideration price of Rs.4,70,000/- from the O.P and to that effect, the Complainant paid Rs.5,001/- as an advance on 04/12/2015. Thereafter, the Complainant paid Rs.85,000/- on 05/12/2015 towards the price of the aforesaid vehicle. The Complainant, due to financial problem, failed to purchase the said vehicle and requested the O.P to refund the entire money of Rs.90,001/-. The Complainant approached the O.P to refund the said amount but the O.P did not refund the money. Thereafter, the Complainant appeared before the O.P on 05/01/2016 and the O.P assured to repay the said amount in the middle of January, 2016. The O.P refunded Rs.16,000/- to the Complainant out of Rs.90,001/- and Rs.74,001/- is now lying un-paid and for that reason, the Complainant has filed the instant case against the O.P.
It is further alleged that the petitioner is a resident of Ghugumari under Kotwali P.S and he sent a Registered letter to the O.P from Cooch Behar asking him to repay the balance amount of Rs.74,001/-.
It is evident to us that the Complainant is the resident of Ghugumari in the district of Cooch Behar but the O.P is the resident of Prakashnagar, Limbu Busti, Salugara under P.S Bhaktinagar in the district of Jalpaiguri. Section 11, Clause (2) of the C.P. Act, 1986 deals with territorial jurisdiction of the District Forum. It provides that a Complaint can be instituted in the District Forum within local limit of whole jurisdiction:
- The O.P or each of the O.Ps at the time of institution of the complaint
- Actually voluntarily,
- Carries on business, or
- As Branch Office, or
- Personal works for gain.
- Any of the O.Ps, in case of more than one, at the time of institution of the complaint:
- Actually voluntarily,
- Carries on business, or
- As Branch Office, or
- Personal works for gain.
Provided that in such a case, either the permission of the District Forum is given or the O.Ps who do not reside, or carries on business or have Branch Office or personal works for gain, as the case may be, acquire any such institution or
- The cause of action wholly or in part arises.
From the four corners of the complaint, we find that the O.P is not the resident under territorial jurisdiction of Cooch Behar or he carries on his business outside the jurisdiction of this Forum. We do not find that cause of action arises within the jurisdiction of this Forum. Mere sending a registered letter to the O.P by the Complainant does not attract the jurisdiction of this Forum. Moreover, we find that the Complainant lodged a complaint with the Consumer Affairs Department at Jalpaiguri for Redressal. Therefore, we strongly hold that this Forum has no territorial jurisdiction to try this case.
Hence,
Ordered,
That the petition dated 13/01/2017 filed by the O.P is hereby considered and allowed. This case is not maintainable by this Forum.
Let the complaint along with other documents filed by the Complainant be returned to the Complainant or his Ld. Advocate for filing it at proper Forum.
Let plain copy of this Order be made available and be supplied free of cost, to the concerned party.
Dictated and corrected by me.
