DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.  544/2017

    Date of Filing:                  Date of Admission:                       Date of Disposal:

     24.10.2017                           14.11.2017                                      17.11.2017

 Complainant:-       Sri. Rajib Bhowmick, D/9, Lake View Park, Flat no-3D,

                                  Bon Hooghly, Kolkata-700 108, District-North 24 Parganas.

                                                                  Vs.

Opposite Parties:- 1) The Make My Trip India Private Limited,

                                        Represented by its Chief Manager-Cum Authorized Officer

                                       Tower-A, SP Infocity, 243, Udyog Vihar, Phase-1,

                                       Gurgaon, Haryana-122 016.

                                                                       &

                                       The Make My Trip India Private Limited,

                                       DLF Building No-5, Tower-B, DLF Cyber City, DLF Phase-2,

                                       Sector-25, Gurugram, Haryana-122 002.

                                  2) The Eco Villa, Mandarmoni, Silampur, Mandarmoni,

                                       Purba Midnapore, Pin-721 455.

                                  3)  Sri. Anim Sarkar, Ashok Nagar, Manik Nagar,

                                        District-North 24 Parganas, Pin-743 263.

 P R E S E N T :-   Sri. Bankim Chandra Chattopadhyay…………President.

                         :-   Sri. Siddhartha Ganguli  ….………………………Member.

                         :-  Smt. Silpi Majumder………………………………Member.

ORDER: 05

This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs have failed to provide him service as per commitment.

At the time of admission of this complaint is seen by us that no cause of action arose within the territorial jurisdiction of this Ld. Forum because the dispute for which this complaint is initiated occurred in the District of Purba Midnapore. Though the address of the OP-3 lies within the territorial jurisdiction of this Ld. Forum, but with the OP-3 no transaction has been made at the given address. On earlier date it was submitted by the Complainant that booking amount for Hotel at Mandarmoni was paid by him from the savings bank account which is lying within the territorial jurisdiction of this Ld. Forum. For this reason the Complainant was directed to submit his bank statement, from where it will be evident the monetary transaction was made through his bank account, lies within the territorial jurisdiction of this Ld. Forum. Accordingly the Complainant has filed the bank statement, but it is evident that the said account is not maintained by the Complainant, rather the account is in the name of another person, who is not a party to this proceeding and the said person has no direct or indirection connection with this complaint. Therefore as the Complainant has failed to prove that the cause of action arose partly or wholly within the territorial jurisdiction of this Ld. Forum, hence we are not in a position to admit the complaint.

Going by the foregoing discussion hence it is ordered that the CC-544/2017 is hereby dismissed being barred by territorial jurisdiction of this Ld. Forum and without being admitted. However the Complainant is at liberty to approach before the appropriate Court/Forum/Commission, if not barred otherwise.   

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                               Member                                               President

Dictated and corrected by me: