Order No.  11  dt.  03/06/2015

Today is fixed for order in respect of the petition dt.23.7.14 filed by o.p. no.1praying for expunging the name of o.p. no.1 and to pass order.

We have gone through the petition, annexures and materials on record. It is observed that in pursuance to the deed of assignment signed on 23.6.09 all assignments of o.p. no.1 has been transferred to o.p. no.2. In respect of that deed of assignment o.p. no.1 has sent a letter to complainant informing that they had assigned in favour of Magma Fincorp Ltd. (MFL) all the amounts outstanding payable by complainant in respect of loan being loan agreement no.LVDNL00007904903. Pursuant to that assignment o.p. no.1 has forwarded to MFL, all PDCs / ECS Mandates / Post Dated Security Cheque endorsed by ICICI Bank (o.p.1) to MFL. It is also written in that letter that from 1.9.09 complainant would need to pay to MFL and/or its authorized officers or agents, the entire amount due along with other charges that complainant was contractually liable to pay.

At the time of hearing complainant has argued that since he cannot trace o.p. no.2 the presence of o.p. no.1 is necessary to issue NOC.

In view of the deed of assignment dt.23.6.09 we have observed that after execution of deed of assignment no liability is lying with o.p. no.1. If there is any grievance by complainant that would be against MFL. So, the prayer for expunging the name of o.p. no.1 be allowed and accordingly, the petition filed by o.p. no.1 dt.23.7.14 is allowed. The name of o.p. no.1 be expunged from the cause title.

At this stage we find that the address of o.p. no.2 does not fall within the territorial jurisdiction of this Forum. Accordingly, the complaint petition is dismissed due to lack of territorial jurisdiction.

Complainant is at liberty to file the instant case before the appropriate Forum on the same self cause of action.