West Bengal

Murshidabad

CC/84/2021

Rajesh Chatterjee - Complainant(s)

Versus

The Proprietor, B.M. Automobiles & Ors. - Opp.Party(s)

06 Apr 2022

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/84/2021
( Date of Filing : 03 Nov 2021 )
 
1. Rajesh Chatterjee
S/o Late Shib Charan Chatterjee, Vill&PO-Mougram, PS-Ketugram, Pin-713123
Purba Bardhaman
West Bengal
...........Complainant(s)
Versus
1. The Proprietor, B.M. Automobiles & Ors.
Panchghora More, Katwa, PO&PS-Katwa, Pin-713130
Purba Bardhaman
West Bengal
2. The Proprietor, Saluja Bajaj
GT. Road, Lakhipur Marg, Raj College More, PO-Burdwan, PS-Purba Bardhaman
Purba Bardhaman
West Bengal
3. The Proprietor, Bajaj Auto Limited Complex
Mumbai- Pune Road, PS-Akurdim Pin-411035
Pune
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. SUBIR SINHA ROY MEMBER
 HON'BLE MRS. ALOKA BANDYOPADHYAY MEMBER
 
PRESENT:
 
Dated : 06 Apr 2022
Final Order / Judgement

Order No. 6 dated 06.04.2022

      Today is fixed for passing the order. Ld. Advocate for the OP No. 2, the Proprietor Saluja Bajaj filed a petition on 07.03.22 challenging the maintainability of the Complainant.

     Heard both sides today. Ld. Advocate for the OP No.2 submits that the Complainant Rajesh Chatterjee is the resident of village Mougram PS- Ketugram Dist- Purba Bardhaman.

      On the contrary the Ops are not resident of the district Murshidabad. The Ops do not carry on any business or have a branch office or personally works for gain within the jurisdiction of this District Commission. Such being the position this District Commission have no jurisdiction to try the instant complaint. He prays for dismissal of the instant complaint.

       Complainant is present. He submits that he does not reside within any place in the district of Murshidabad. He files the instant complaint as his house is nearest to the disctrict Commission of this district.

       Considering the facts and circumstances of the case and keeping in mind, the submission of both sides, we are of the view that this district Commission has no jurisdiction to try the instant complaint and as such the instant complaint is required to be dismissed.

        Hence, it is

                                                                                                   ORDERED

that the instant complaint case be and the same is here by dismissed for want of territorial jurisdiction but without any order as to costs.

The instant complaint is thus disposed of.

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

        The Final Order will also be available in the following Website:

    confonet.nic.in

 
 
[HON'BLE MR. JUSTICE AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. SUBIR SINHA ROY]
MEMBER
 
 
[HON'BLE MRS. ALOKA BANDYOPADHYAY]
MEMBER
 

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