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