Order No. 3 Dated: 24.07.2024
Today is fixed for admission hearing.
The complainant is absent on repeated calls. None for the complainant is present and no steps is taken.
It reveals that the instant consumer complaint was filed by the complainant on 03.07.2024 and next date has been fixed on 16.07.2024 for admission hearing and complainant remained absent without taking any steps on that date even today and as such 21 days from filing the instant complaint is over today.
The matter is taken up for consideration.
On scrutiny of the complaint petition and annexure it appears that the complainant is an organization which has been run by its proprietor named Shri Manoj Kumar Modi and earns by driving this schedule car on rent for his livelihood, that at the time of purchasing schedule vehicle the complainant got a reference from the OP from the showroom of it then he communicated with their Kolkata office / OP-1 over telephone and physical meeting for getting financial support and thereafter OP-1 suggested the complainant to meet with Dhulian office / OP-2, Murshidabad since the complainant is living there permanently. Afterward the OP-2, non banking financial organization situated at Murshidabad, West Bengal issued a loan of Rs.8,00,000/- in favour of the complainant’s application vide loan agreement no.8751097 w.e.f. 27.01.2023 for the purpose of repay the loan in respect of the schedule vehicle i.e. Mahindra Scorpio.
On careful scrutiny of the record it appears that certificate of registration of said vehicle was issued by the State Transport Department, Jharkhand. It is made clear that the loan amount be repaid to the OP-2 who issued the loan in favour of the complainant.
On bare perusal it reveals that the complainant filed the instant case against the two OPs i) Mahindra and Mahindra Financial Service Ltd. at 4th floor, Kyd Street, P.S.-Taltala, Kolkata-700016 and ii) Mahindra and Mahindra Financial Service Ltd., carries their business at Samserganj, Murshidabad, West Bengal and the address of the OP-2 is outside the jurisdiction of this Commission and the complainant also resides at Farakka, Murshidand, West Bengal which is beyond the jurisdiction of this Commission. The whole transaction regarding loan has been made with the OP-2 Co. situated at Samserganj, Murshidabad, West Bengal. Cause of action arose at Murshidabad wherefrom loan has been issued from the OP-2.
On the above observation, we are of the view that the complainant has made a party to the OP-1 Co. situated at Kyd Street. Kolkata-700016 only for obtaining the jurisdiction of this Commission. The CP Act, 2019 has been enacted whereas complainant may choose to file their consumer complaint under their District Commission which has been made to encourage the complainant for their convenience.
Besides that no document has been annexed wherefrom it can be proved that the complainant has a transaction against the OP-1 regarding approval of loan in question.
In view of the above, we are not inclined to admit the consumer complaint in hand on the jurisdictional ground and rejected accordingly, however, the complainant may file the same in proper Commission having territorial jurisdiction on the same cause of action, if so advised, and if not, otherwise barred by law.
MA/312/2024 and MA/311/2024 calls for no consideration and rejected accordingly.
