05/10/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

           This Transfer Application has been filed by the Petitioner being aggrieved by the order dated 20/03/15 passed by Learned District Forum, Kolkata, Unit-II.

            The Learned Counsel for the Petitioner has submitted that in view of the order no.16 dated 30/03/15 passed by the Learned District Forum the complaint case should be transferred to the proper Forum.  It is contended that after full hearing of the complaint case the Learned District Forum held that it had no jurisdiction to decide the same and the complaint was directed to be returned to the Complainant for filing of the same before the proper Forum or the Complainant could file application for transferring the said case to DCDRF, Hooghly. 

            The Learned Counsel for the OP No.1 has submitted that both sides adduced evidence and after full hearing the Learned District Forum passed the final order and at this stage if it is filed before another District Forum, it would be barred by limitation.  It is contended that after considering the merits of the case the Learned District Forum disposed of the case and as per order passed by the Learned District Forum the Complainant could have filed the complaint to the Learned District Forum, Hooghly. 

            The Learned Counsel for OP Nos.2 and 3 has submitted that no relief was sought for by the Complainant against OP Nos.2 and 3. 

            We have heard the submission made by both sides and perused the papers on record.  From the final order dated 30/03/15 passed by the Learned District Forum, Kolkata, Unit-II in CC 465 of 2014 it appears that the W.V. was filed and evidence was led by the parties.  After full hearing the Learned District Forum passed the final order.  Instead of preferring Appeal against the said order the Complainant has filed the Transfer Application which is misconceived. 

            The Transfer Application is dismissed.