Order No.  1

This complaint is filed by the complainant u/S 35 of the Consumer Protection Act, 2019 alleging deficiency of service as well as unfair trade practice against the O.Ps. as the O.Ps. did not take any step to close the top-up loan account and make necessary arrangement to rectify the CIBIL rating of the complainant by taking necessary steps till filing of this complaint.

Today is fixed for admission hearing of this complaint. The Ld. Counsel for the complainant is present, who advanced admission hearing.

We have carefully perused the petition of complaint as well as the relevant documents filed by the complainant along with petition of complaint at the time of filing of this complaint. It is seen by us that the complainant resides at Thakurpukur Behala. The address of the O.P. No. 1 is in Mumbai, address of the O.P. No. 2 in Gujrat, address of the O.P. No. 3 at Thakurpukur, Behala, Chowrasta and the address of the O.P. No. 4 is at Electronic Complex, Bidhannagar, North 24 Parganas.

Upon careful consideration of the entire content of the petition of complaint we did not find that any cause of action arose with the O.P. No. 4, rather the cause of action arose before the ICICI Bank at Alipur Branch. It is also evident from the petition of complaint that on 26^th December, 2020, the O.P. No. 3 went at the house of the complainant pressurizing for collection of the due amount and insulted her badly.

Therefore, from the content of the petition of complaint we found that no cause of action either wholly or in part arose with the O.P.  No-4 and also the address of the OP-4 does not fall under the territorial jurisdiction of this Ld. Commission. It is pertinent to mention that the addresses of the O.P. No. 1, 2 and 3 do not fall within the territorial of the jurisdiction of this Ld. Commission. The complainant also not resides within the territorial of the jurisdiction of this Ld. Commission. In this context we are to mention the judgment passed by the Hon’ble Supreme Court in this case of Sonic Surgical(supra), wherein it has been held by Their Lordships that the Branch Office means the ‘branch office where the cause of action arose wholly or in part.’

Having regard to the aforementioned judgment we are to say that the ratio of the said judgment is clearly applicable in the case in hand as no cause of action has arisen with the O.P. No. 4, whose address falls within the territorial jurisdiction of this Ld. Commission.

Therefore, as no cause of action has arisen with the O.P. No. 4, hence the complainant cannot file this complaint before this Ld. Commission and this complaint cannot be maintainable before this Ld. Commission.

In view of the above mentioned hence, it is ordered, that CC/166/2021 is hereby dismissed without being admitted. There is no order as to cost.

However, complainant is at liberty to approach before the appropriate Court/Commission for redressal of her grievance, if not barred by otherwise.

As the complaint is not admitted, the complainant is at liberty to get  return the copy of the petition of complaint and the copy of the related documents from the office of this Ld. Commission. For this purpose the complainant is directed to file a separate application before the appropriate authority of this Ld. Commission. The appropriate authority is also directed to take necessary steps forthwith so that the complainant can get return of the abovementioned documents without any delay.

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

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER