Hon’ble Mr. Manojit Mandal, President
Order No.17, dated 10/12/2018
Today is fixed for filing show cause by the Complainant.
The Complainant is absent without any steps.
The O.Ps are represented by their Ld. Advocate and file hazirah.
Neither the Complainant nor his Ld. Advocate is found present on repeated calls of this Forum. It is now 12.55 P.M. The Complainant did not file any show cause.
Heard the Ld. Advocate appearing for the O.Ps.
It appears from the complaint that the O.P No. 1 resides at Sakoajhora, Ethel Bari Check Post, Dist. Jalpaiguri. It also appears to us that the O.P No.2 is running his business at Sakoajhora, Ethel Bari Check Post, Dist. Jalpaiguri. Therefore, it clearly reveals that both the O.Ps are residing and running their business within the jurisdiction of Jalpaiguri and not within the territorial jurisdiction of this Forum. Not even a single document has been placed on record by the Complainant to prove any cause of action accrued to him at Cooch Behar.
Therefore, it is clearly proved that the Complainant has failed to show that cause of action has arisen within the territorial jurisdiction of this Forum at Cooch Behar and this Forum has territorial jurisdiction to entertain and decide the complaint.
Under these facts and circumstances, we are of the view that this Forum has got no territorial jurisdiction, to entertain and decide the complaint and as such, the same ( complaint ) is liable to be returned to the Complainant, for presenting the same, before the appropriate Consumer Disputes Redressal Forum, having territorial jurisdiction, to entertain and decide it (complaint).
Hence, it is
Ordered
That the complaint, in original, along with documents, be returned to the Complainant, against valid receipt, after retaining the photocopy of the same, with liberty to file the same, before the appropriate Forum, having territorial jurisdiction, to entertain and decide it (complaint).
The complaint case is, therefore, disposed of accordingly.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy of this Judgement/Final Order also available at www.confonet.nic.in.
Dictated and corrected by me.