Hon’ble Mr. Manojit Mandal, President

Order No.6, dated 07/12/2018

Today is fixed for hearing on the point of maintainability of this case.

The Complainant is absent without any steps.

The O.Ps are represented by their Ld. Advocates and file two separate hazirah.

The case is taken up for hearing.

None appears on behalf of the Complainant on repeated calls of this Forum.  It is now 12.20 P.M.  Perused the record and the maintainability petition.  Considered.

The Ld. Advocate appearing for the O.Ps submits that the case is not maintainable as the instant case does not fall within the territorial jurisdiction of this Forum.  Neither the O.Ps have their business place within the territorial jurisdiction of this Forum, nor they have any branch office within territorial jurisdiction of this Forum.  So, no cause of action within the territorial jurisdiction of this Forum has arisen.  Therefore, the complaint case should be dismissed.

Upon hearing the Ld. Advocate appearing for the O.Ps and on perusal of the record and the petition, we find that the Complainant has clearly and categorically stated in the cause title of the petition of complaint that the O.P No.1 has its business place at ASV Ramana Tower 37-38, 4^th floor, Venkatanarayan Road Nagar, Chennai-600017, O.P No.2 has its business place at 502, 5^th floor, Town Centre-II, Sakinaka, Andheri- Kurla Road, Andheri (East), Mumbai-400 059 and O.P No.3 has its business place at Plot No.312/P, Paribahan Nagar, Matigara, Siliguri, West Bengal.  As such, the O.Ps have their places of business outside the territorial jurisdiction of this Forum.  Not even a single document has been placed by the Complainant on record to prove any cause of action accrued to her at Cooch Behar.

Therefore, it is proved that the Complainant has failed to show that cause of action has arisen within the territorial jurisdiction of this Forum at Cooch Behar as 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 the Final Order will also be available in the following Website:

confonet.nic.in.

Dictated and corrected by me.