West Bengal

Kolkata-I(North)

CC/12/258

Shariq Quasimuddin - Complainant(s)

Versus

The Chief Executive Officer, Jet Airways India Ltd. and 2 others - Opp.Party(s)

08 Mar 2013

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/12/258
( Date of Filing : 21 Jun 2012 )
 
1. Shariq Quasimuddin
1, Mandir Street, Kolkata-700073.
Kolkata
WB
...........Complainant(s)
Versus
1. The Chief Executive Officer, Jet Airways India Ltd. and 2 others
41 & 42, Makers Chamber, Nariman Point, Mumbai.
Mumbai
Maharastra
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Nath Das PRESIDENT
 HON'BLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
PRESENT:
 
Dated : 08 Mar 2013
Final Order / Judgement

Order no.9  dt.8.3.13

                Record is put up today for order.

                Instant hearing arose out of the petition challenging the maintainability of the case filed by o.p. dt.25.9.12 and an amendment petition filed by the complainant dt.8.2.13 and both the petitions are taken up for hearing together.

                We have gone through petition challenging the maintainability of the case filed by o.p. on the point of territorial jurisdiction and we have also gone through the entire materials on record and having regard to the decisions of the Hon’ble National Commission published in 2007 (1) CPR 224 (N.C),  2010 CTJ 2 (Supreme Court) (C.P),  IV (2009) CPJ 40 (S.C),  (2011) 2 WBLR (CPSC) 637  and I (2006) CPJ 408 we are of the opinion that this Forum has got no jurisdiction to entertain this case for want of territorial jurisdiction and the amendment petition filed the complainant cannot be entertain and it seems to us that the same has been filed by the complainant to enable himself to cover the want of territorial jurisdiction.

                In view of the above findings and on perusal of the entire materials on record we find and hold that the instant case is not maintainable and stands dismissed for want of territorial jurisdiction.

                Complainant is at liberty to agitate the issue before the appropriate Forum on the self same cause of action. 

 
 
[HON'BLE MR. Sankar Nath Das]
PRESIDENT
 
 
[HON'BLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 

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