Order No. 02   Date- 16.10.2020

            Today is fixed for admission hearing of the instant consumer case. The Ld. Advocate for the complainant is present. Heard the Ld. advocate for the complaint who submits that the complainant deposited Rs 30,000/- to the OP-2 the Sahara Q Shop East at Sasaram Bihar against certificate Nos. 893002455695 and 893002231174 both dated 31.03.2014. He further submits that the maturity of those certificates were 31.03.2020 and its maturity value is Rs. 67,800/-.  In spite of repeated demand and notice the OP-2 failed and neglected to disburse the maturity amount. Hence, the consumer case.

We have examined the entire material on record and given a thoughtful consideration and the submission advanced before us. Section 34 (2) of the Consumer Protection Act, 2019 reads as follows-

 A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(c) the cause of action, wholly or in part, arises; or

(d) the complainant resides or personally works for gain.

Complainant filed an application U/s 34 (2) (b) of CP, Act, 2019.

In our opinion, that will not help the case of the complainant as the certificates were issued by OP-2 having its branch office at Chawkhano, Sasaram, Bihar. If the contention of Ld. Advocate for the complainant is accepted, it will mean that even if a cause of action has arisen in Sasaram, Bihar then too complainant can file claim petition in Howrah, or Alipore or where a branch office of Sahara Q shop East is situated. We cannot agree with this contention it will lead to abstract consequences and lead to bench hunting. The OP-1 is not the branch office of Sahara Q Shop East. In our opinion, the expression of the branch office in the amendment section 34 (2) of the branch office of the cause of action has arisen. No doubt this would be departing from the plain and literal words of the section 34 (2) (b) of the Act.

In the present case, the cause of action arose at Sasarma, Bihar from where the certificate was issued and or at Hooghly where the complainant is an inhabitant.

For the reason stated herein above, we have not inclined to allow the prayer of the complainant u/s 34 (2) (b) of the CP Act, 2019.

Thus MA 215/2020 is disposed of.

As a consequences, the instant consumer complaint is not admitted for want of jurisdiction.

However, liberty be given to the complainant to approach her grievance before the competent commission, that is Sasaram or Hooghly District Consumer Disputes Redressal Commission, if so desired.