West Bengal

Jalpaiguri

CC 117/2013

Smt. Jharna Banerjee - Complainant(s)

Versus

Vishal Finance Consultancy - Opp.Party(s)

Ujjal Chakraborty

12 Mar 2015

ORDER

District Consumer Disputes Redressal Forum, JALPAIGURI
JALPAIGURI
 
Complaint Case No. CC 117/2013
 
1. Smt. Jharna Banerjee
W/O Dhananjay Banerjee, Race Course Para, P.S.-Kotwali, P.O. and Dist.- Jalpaiguri,Pin 735101
...........Complainant(s)
Versus
1. Vishal Finance Consultancy
Bagdogra Airport More, P.O. and P.S.Bagdogra, Dist.- Darjeeling, 734014
2. Mr. Dilip Das
C/O Vishal Finance Consultancy, Bagdogra Airport More, P.O. and P.S.- Bagdogra, 734014
Darjeeling
West Bengal
3. Brahma Finance Pvt. Ltd.
Registration no. 10197, Sai Complex, Agra Road, Khirni Gate, Aligarh, State of U.P. Pin.- 202001
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Das PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:Ujjal Chakraborty, Advocate
For the Opp. Party:
ORDER

Case record is placed before us for passing final order. After going through the petition of complaint and the materials on record and after due consideration of argument submission of Ld. Lawyer for the complainant we find that notice was sent to all three O.Ps. but none of the O.Ps. turned up to contest this case and the name of the O.P. 3 O.P.3 was expunged on 21/10/2014 as per prayer of the complainant. Hence the case was heard ex-parte against O.P.1 and 2 . We now find from the cause title of the petition of complaint that O.Ps. 1 and 2 are living/carrying on their business at Bagdogra within District Darjeeling and that the cause of action arose at Bagdogra, Dist.- Darjeeling and transactions between complainant and the O.Ps. were held authentic at Bagdogra, Dist.-Darjeeling. There is no document  on record to show that the complainant, has paid Rs.200000/- and Rs.250000/- to the O.Ps. on 5/9/2012 on 30/10/2012 as she has claimed. There is no reference of the matters in annexures 5 and 7. However when admittedly the O.Ps 1 and 2 are residing and carrying on their business at Bagdogra within Dist.- Darjeeling and when the O.P. has no branch office at Jalpaiguri and as the cause of action has arisen at Bagdogra within dist. Darjeeling so it is clear that this Forum has got no territorial jurisdiction to decide the matter in dispute between the parties to this case and as such this case is not maintainable. Hence the petition of complainant (Registered as C.Case no 117/2013) should be returned back to the  complainant for presenting the same before the appropriate DCDRF in which the case should have been instituted.

Hence we return back the original petition of complaint , annexures document filed by the complainant to the complainant Smt. Jharna Banerjee for presenting the same before the appropriate Forum (DCDRF) in which the case  should have been instituted, keeping xerox copies of the same on record. 

The case stands disposed of accordingly. Let a plain Copy of this order be supplied to the complainant free of cost alongwith original petition of complaint and documents filed. 

 
 
[HON'BLE MR. Asoke Kumar Das]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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