West Bengal

Uttar Dinajpur

CC/23/4

Nawaj Sorif - Complainant(s)

Versus

Yes Bank Limited - Opp.Party(s)

Consumer Assistance Bureau

13 Apr 2023

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Commission
Super Market Complex, Block 1 , 1st Floor.
 
Complaint Case No. CC/23/4
( Date of Filing : 13 Mar 2023 )
 
1. Nawaj Sorif
S/o: Lutful Hoque, Present resident of Vill.: Bhupalpur, P.O.: Bhupalpur, P.S.: Raiganj, Dist.: U/ Dinajpur, Pin: 733143, West Bengal. Permanent resident of Vill.: South Kankaria, P.O.: Talsur, P.S.: Harischandra Pur, Dist.: Malda, Pin: 733208.
...........Complainant(s)
Versus
1. Yes Bank Limited
RSSC, Stepen House, First Floor, 56A, Hemanta Basu Sarani, Dalhousie Square Kolkata: 700001.
2. YES BANK LTD
13-103, Western Express Highway Anand Nagar Vakola, Santacruz East, Maharashtra: 400055.
3. Karmakar Parking Zone
To be represented by its Godown Keeper, Eyas Shaikh, 1 No. Benjetia, P.O. & P.S.: Berhampur, Dist.: Murshidabad, Pin: 742102.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. DEBASISH HALDER PRESIDENT
 HON'BLE MRS. Rubi Acharjee MEMBER
 HON'BLE MR. Swapan Kumar Roy MEMBER
 
PRESENT:
 
Dated : 13 Apr 2023
Final Order / Judgement

Today is fixed for admission hearing.

Ld. Advocate for the complainant is present by filing hazira.

Heard Ld. Advocate.

Perused the petition of complaint and documents produced with list.

 

In the cause title of complaint petition the complainant stated his present residence at Vill & P.O: Bhupalpur, P.S: Raiganj, Dist: Uttar Dinajpur, Pin: 733143. And permanent residence at Vill: South Kankaria, P.O:Talsur, P.S: Harishchandrapur, Dist: Malda, Pin: 733208. He submits affidavit with complaint petition accordingly.

 

Deed of indemnity executed at Kolkata on 13.07.2022 between complainant (purchaser) and the Bank (O.P), depicts residence of the complainant at Vill:South Kankania, P.O:Talsur, P.S: Harishchandrapur, Dist: Malda. Legal notice dated 02.02.2023 sent to O.P/Bank by Advocate of complainant as resident of Vill: South Kankania, P.O: Talsur, P.S: Harishchandrapur, Dist: Malda.

 

No document regarding complainant’s present residence of Vill & P.O:Bhupalpur, P.S:Raiganj, Dist:Uttar Dinajpur, is produced.

 

We, therefore, are  of the opinion that this Consumer Commission has no territorial jurisdiction to entertain/decide the present complaint and the plaint should be returned.

 

Accordingly, the petition of complaint be returned to the complainant to be presented to the Court in which it should have been instituted, under Order 7 Rule 10 (1) of Code of Civil Procedure.

 

 
 
[HON'BLE MR. DEBASISH HALDER]
PRESIDENT
 
 
[HON'BLE MRS. Rubi Acharjee]
MEMBER
 
 
[HON'BLE MR. Swapan Kumar Roy]
MEMBER
 

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