West Bengal

Kolkata-I(North)

CC/14/429

Sumit Sengupta and 2 others - Complainant(s)

Versus

Emaar M.G.F. Land Ltd. and another - Opp.Party(s)

01 Aug 2014

ORDER

Consumer Disputes Redressal Forum, Unit-1, Kolkata
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site : confonet.nic.in
 
Complaint Case No. CC/14/429
 
1. Sumit Sengupta and 2 others
34/2A, Ballygunge Circullar Road, KOlkata-700019.
...........Complainant(s)
Versus
1. Emaar M.G.F. Land Ltd. and another
ECE House, 28, Kasturba Gandhi Marg, New Delhi-110001.
2. The Director, Emaar M.G.F. Land Ltd.
Mehraull-Gurgaon Road, Sikandarpur Chowk, Sector-28, Gurgaon-122002.
3. Allahabad Bank
Gariahat, Kolkata-700019.
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No.  4  dated 01/08/2014

Ld. lawyer of the complainant is present and submits his case.

            Upon considering his submission and on perusal of the entire materials on record, we are of the view that no cause of action has taken place in the territorial jurisdiction of this Forum, but surprisingly enough that the complainant has made o.p. no.3 writing by hand and complainant also has added several lines in the body of the petition including prayer portion by hand after affirmation without any authentication by the Notary Public who has been affirmed this affidavit which is absolutely bad in law and not permissible under any provision of law.

            Besides, we find that complainant has issued cheque of Allahabad Bank situated within the territorial jurisdiction of this court, but that itself does not create the territorial jurisdiction of this Forum, whereas the property in question situated beyond the jurisdiction of this Forum.

            In view of the above, we are of the view that this petition is rejected due to want of territorial jurisdiction.

            Complainant is at liberty to agitate the issue on the self same cause of action before the appropriate Forum.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Samiksha Bhattacharya]
MEMBER

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