West Bengal

Cooch Behar

CC/108/2017

Sri Sadhan Ch. Dutta, - Complainant(s)

Versus

Sri Nikhil Thapadar, - Opp.Party(s)

Mr. Jayanta Adhikari

10 Dec 2018

ORDER

District Consumer Disputes Redressal Forum,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/108/2017
( Date of Filing : 15 Dec 2017 )
 
1. Sri Sadhan Ch. Dutta,
S/o. Sudhir Ch. Dutta, Vill. & P.O. Kuchlibari, P.S. Mekhliganj, Dist. Cooch Behar-735304.
...........Complainant(s)
Versus
1. Sri Nikhil Thapadar,
S/o. Nitai Thapadar, Prop. Nikhil Truck Body Builders, Sakoajhora, Ethelbari Check Post, Dist. Jalpaiguri-735212.
2. Nikhil Truck Body Builders,
Sakoajhora, Ethelbari Check Post, Dist. Jalpaiguri-735212.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. MANOJIT MANDAL PRESIDENT
 HON'BLE MRS. RUMKI SAMAJDAR MEMBER
 
For the Complainant:
For the Opp. Party: Sri Bidyut Modak, Advocate
Dated : 10 Dec 2018
Final Order / Judgement

 

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.

 
 
[HON'BLE MR. MANOJIT MANDAL]
PRESIDENT
 
[HON'BLE MRS. RUMKI SAMAJDAR]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.