HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. Both sides are present through their respective Learned Advocates.
2. Heard Learned Advocates appearing for the respective parties. Perused the record. Considered.
3. Upon hearing both sides and on perusal of the materials on record it appears to us that this appeal has been filed against the impugned order dated 25/07/2017 passed by the Learned District Consumer Disputes Redressal Forum, Siliguri, in connection with complaint case No. C.C/124/2014.
4. Under the Consumer Protection Act, 1986 the consumer complaint has to be filed within the jurisdiction where the opposite parties reside or the cause of action has arisen in part or wholly. From the memo of appeal, it appears to us that address of both the parties are under the district of Darjeeling and at Mumbai, not within the territorial jurisdiction of this Commission.
5. From the record it also appears to us that no cause of action wholly or partly seems to arise within the territorial jurisdiction of this Commission. Hence, as per section 17 of sub section 2 of the Consumer Protection Act, 1986 this Commission lacks territorial jurisdiction to entertain the appeal.
6. Under this facts and circumstances and on consideration of the materials on record, we hold that this Commission has no territorial jurisdiction to deal with this matter. So, the instant complaint case be and the same is transferred to the State Commission, Circuit Bench at Siliguri for disposal.
7. Both the parties are directed to appear before the State Commission, Circuit Bench at Siliguri on 07/11/2022 for receiving further direction.