Order No. 03 Dated: 19.07.2024
Record is put up for passing order.
It appears that a petition U/S 34(2)(b) of the CP Act, 2019 has been filed by the complainant on 18.07.2024 after hearing the matter and the same is registered today as MA/341/2024.
On scrutiny of the complaint petition and annexure it appears that the complainant visited the store of OP-3 for enquiring about a HP Laptop, the staff of OP3 suggested the complainant to meet the nearest Dum Dum store due to non availability in the said store. On advise of the OP-3 the complainant visited the store of OP1 and purchased a Lenovo Laptop on 15.03.2023 from the store on payment of Rs,61,957.10/- (Rupees Sixty One Thousand Nine Hundred Fifty Seven and Ten Paisa)only. After few days the said Laptop started giving problem of speaker and charging, instantly, the complainant visited the store of OP1 and discussed the issue. The complainant was advised to meet with their another service centre of OP2 by providing address.
Then on 29.04.2024 the complainant went to OP2’s centre with his Laptop Model name-315IAU7, Model no.82RK0090IN.The OP2 assured full fitness of the Laptop but again the complainant saw the problem in Laptop still remains the same. The complainant informed the matter to OP1 but the problems still remains though the Laptop was in warranty period. The complainant unable to use the Laptop properly.
On bare perusal it reveals that the complainant filed the instant case against the three OPs i) The Reliance Digital, Dum Dum, 242,Dum Dum Road, Ground & First Floor, P.S-Nagar Bazar, Dist- North 24 Parganas ii) The Computer Gallery, Lenovo Service Centre. Shop no.213 & 214 2nd Floor, EMall, 6.C.R Avenue, P.S-Bow Bazar, Kolkata-700072 iii) The Reliance Digital, Park Street, 57A, Park Mansion, Mother Teresa Sarani, P.S- Park street, Kolkata-700016.
Here, the address of the complainant, OP1 & OP2 are all outside the jurisdiction of this commission. The whole transaction regarding purchase of the Laptop has been made with the OP-1 Co. situated at Dum Dum, North 24-Parganas, West Bengal. Cause of action arose at North 24-Parganas wherefrom payment has been made to the OP-1.
On the above observation, we are of the view that the complainant has made a party to the OP-3 situated at Park Street, 57A, Park Mansion, Mother Teresa Sarani, P.S-Park street, Kolkata-700016 only for obtaining the jurisdiction of this Commission. The CP Act, 2019 has been enacted whereas complainant may choose to file their consumer complaint under their District Commission which has been made to encourage the complainant for their convenience.
Besides that no document has been annexed wherefrom it can be proved that the complainant has a transaction against the OP-3 regarding purchase of the said Laptop in question.
In view of the above, we are not inclined to admit the consumer complaint in hand on the jurisdictional ground and rejected accordingly
However, the complainant may file the same in proper Commission having territorial jurisdiction on the same cause of action, if so advised, and if not, otherwise barred by law.
MA/341/2024 calls for no consideration and rejected accordingly.
