ORDER NO. 5 DT. 22.1.09

HON’BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

We have heard the Appellant in person and Mr. P.Banerjee, Ld. Advocate for the Respondent Nos. 1,2,4 & 5.  The question arose for our decision is as to whether the Forum in the district of Howrah is having jurisdiction to entertain and try the complaint case.  The impugned judgement was passed holding that the territorial jurisdiction is not available in Howrah as merely a branch is functioning there is not sufficient for holding territorial jurisdiction.

At the time of hearing we find that the Respondent No. 3, the agent, with the help of whom a transaction was completed by the complainant, is having his office within the territorial jurisdiction of Howrah Forum.  We have found tht the acknowledgement card meant for the Respondent No. 3 giving his address at the branch of the Insurance Co. was accepted by the Respondent No. 3 by putting his signature personally.  Therefore, as one of the Respondents is having his place of work within the jurisdiction of Howrah Forum, we are of the opinion that Howrah Forum can entertain and try the proceeding having territorial jurisdiction over the matter.  In above view of the findings the impugned order is set aside and the Forum is directed to decide the matter in accordance with law granting opportunities to the parties to make out their respective cases.  The Appeal is allowed.  The impugned order is set aside with the above direction.