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.