This complaint is filed by the Complainant alleging deficiency in service as well as unfair trade practices against the OPs u/S 34(1), Consumer Protection Act, 2019.

Today is fixed for admission hearing the Ld. Counsel for the Complainant is present. At the time of hearing on the point of admissibility of this problem it is seen by us that in respect of OP No.1 no cause of action has arisen to the present dispute. The Complainant purchased the questioned vehicle from the OP No.2, payment was made to the OP No.2, who is carrying on business at Asansol, P.S. Asansol (South) and the Complainant is alos residing at Asansol, P.S, Asansol (South). From the pleading it is crystal clear that only with a view to invoke territorial jurisdiction of this Ld. Commission the OP No.1 has been made a party in the instant proceeding. In view of the land mark judgment passed by the Hon’ble Supreme Court in the case of Sonic Surgical (supra) Their Lordships have held that branch office means the branch office where the cause of action arose. Having regard to the abovementioned judgment as well as the law of this land we are of the view that the ratio of that judgment can be implemented in the instant complaint on the ground that though the OP No.1 is one of the branch offices of the OP, carrying on business within the territorial jurisdiction of this Ld. Commission, but from the pleading it is evident that no cause of action has arisen against the said branch office- OP No.1. Therefore, as neither any cause of action has arised against the OP No.1 nor the Complainant resides within the territorial jurisdiction of this Ld. Commission, hence, in view of the Consumer Protection Act, 2019 this compliant cannot be maintainable before this Ld. Commission from the point o fits territorial jurisdiction.

Hence, it is ordered that the Consumer Complaint being No.201/2020 stands dismissed being barred by territorial jurisdiction and without being admitted. There is no order as to cost.

However, the Complainant is at liberty to file the complaint for redressal of his grievance before the competent Court/Commission, if not barred otherwise.

Be it mentioned that as the complaint is not admitted the complainant is at liberty to get return the copy of the complaint and other related document as filed by him at the time filing this complaint. In this context Complainant has to file a separate application before the competent Authority of this Ld. Commission praying for getting return of the abovementioned. The competent Authority of this Ld. Commission is hereby directed to take immediate step so that the Complainant can get return of the abovementioned without any further delay.

Let plain copy of this complaint be given to the party/ies free of cost as per CPR.

Dictated & corrected by

Mr. Lakshmi Kanta Das

President