West Bengal

Jalpaiguri

CC 101/2013

Sri Bijay Jha - Complainant(s)

Versus

Family Credit Limited - Opp.Party(s)

Arup R. Choudhury

19 Nov 2015

ORDER

District Consumer Disputes Redressal Forum, JALPAIGURI
JALPAIGURI
 
Complaint Case No. CC 101/2013
 
1. Sri Bijay Jha
Pilkhana Colony(near Upasana Colony), P.S.- Kotwali, P.O. and Dist.-Jalpaiguri, 735101
...........Complainant(s)
Versus
1. Family Credit Limited
City Mall, 2nd Floor, Sevoke Road, Punjabipara, P.S.Bhaktinagar, P.O.-Sevoke Road, Dist.- Jalpaiguri, Pin.-734001
2. The Manager, Central Bank of India
Rajganj Branch, P.O. and Dist.- Jalpaiguri, Pin.-735134
............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:Arup R. Choudhury, Advocate
For the Opp. Party:
ORDER

             Complainant files hajira through Ld. Lawyer. O.P. Family Credit Limited files hajira through his Ld. Lawyer. O.Ps. petition dt. 18/09/2015 u/s 11 of the C.P. Act 1986 is taken up for hearing. Perused the petition. Dt.18/09/2015 the petition of complaint and other materials on record. Hd. submissions of the Ld. Lawyers of both sides. Ld. Lawyer for O.P. submits that O.P. carries on its business from city mall. 2nd Floor, Sevoke Road, P.O. and P.S.- Siliguri, Dist.- Darjeeling and not within P.S.- Bhaktinagar, Dist.- Jalpaiguri . Son this Forum has got no territorial jurisdiction to hear and to dispose off this case. He prays for return of petition of complaint  to the complainant for filing the same to proper forum. Ld. Lawyer for the complainant opposed. Considered.. It is clear from the petition under consideration that O.P. carries on its business from city mall. 2nd Floor, Sevoke Road, which falls under P.O. and P.S.- Siliguri, Dist.- Darjeeling and not Jalpaiguri. Hence this Forum has got no territorial jurisdiction to hear and to dispose of this case and as such the complaint should be returned to the complainant should be returned to the complainant for filing it to proper Forum.

             Hence it is

ORDERED

             That the petition and complaint and documents filed be returned to the complainant immediately for filing the same in the proper Forum. O.Ps. petition dt. 18/09/2015 is thus disposed off on contest without cost. This case is disposed of accordingly.

             Complainant is to file the returned petition of complaint to the appropriate Forum on or before 18/12/2015. Let p[lain copy of this order be supplied to both the parties free of cost.

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

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