CC/30/2021

MA/09/2022

ORDER NO.14

DATED:28.02.2023

Today is fixed for order.

 Ld. Adv. for the complainant is present.

OP is absent without any steps. Record is put up for order.

Perused the petition dated 22.07.2022 which has registered as MA case no.9 of 2022. OP filed the said petition. During hearing Ld. Adv. for the OP submitted that in the challan i.e order booking form delivery address of the article has mentioned as CF142, GROUND FLOOR, BINAPANI BHAWAN, KOLKATA-700102, KESTOPUR. On perusal of the said document we find that article was sold at 3^rd floor, 52/6, Parbati Resot, VIP Road, Kolkata -700059. Complainant described himself as a resident of 27, Zugipara Lane, Natun Pally, P.O. Krishnagar, P.S. Kotwali.

 During hearing Ld. Adv. for the complainant argued that they sent a letter to the OP through DTDC Post and in the said document address of the complainant has noted as 27, Zugipara Lane, Krishnagar.

He further submitted that complainant mentioned his address as 27, Zugipara Lane, Krishnagar and same is sufficient to determine the address of the complainant. Filing of any document in respect of address proof is not required.

 In the present case question has arisen what is the residential address of the complainant i.e CF142, BINAPANI BHAWAN, KOLKATA -700102 or 27, Zugipara Lane, Krishnagar.

 To solve the said question documents relating to proof of actual address is highly essential but complainant did not file the same. We are unable to accept the argument of Ld. Adv. for the complainant that filing of any such document is not required.

As the complainant failed to prove by authentic document that he is the resident of 27 Zugipara Lane, Krishnagar so, we are of the firm view that this Commission has no jurisdiction to entertain this case.

In the result petition dated 22.07.2022 succeeds.

Hence,

                   It is

                                                Ordered

                                                                   That the petition dated 22.07.2022 filed by the OP is allowed on contest but without any order as to costs. This Commission has no jurisdiction to try this case as complainant failed to establish that he is resident of 27 Zugipara Lane, Krishnagar and accordingly the case is not maintainable.

MA/09/2022 is thus disposed off.

Case No.CC/30/2021 is also disposed off in view of above findings of this Commission.