West Bengal

Kolkata-I(North)

CC/346/2019

Mrs. Sujata Ray and antoher - Complainant(s)

Versus

Head/Area Manager, LIC Housing Finance Ltd. and 2 others - Opp.Party(s)

Debangshu Dinda, Sourav Roy

08 Nov 2019

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/346/2019
( Date of Filing : 24 Oct 2019 )
 
1. Mrs. Sujata Ray and antoher
Sector VI B, Quarter No. 1280, Bokaro Steel City, Jharkhand - 827006.
2. Mr. Pinaki Chowdhury
Sector VI B, Quarter No. 1280, Bokaro Steel City, Jharkhand - 827006.
...........Complainant(s)
Versus
1. Head/Area Manager, LIC Housing Finance Ltd. and 2 others
Hindusthan Building, Ground Floor, 4, C. R. Avenue, P.S. - Hare Street, Kolkata - 700072.
2. Manager, LIC Housing Finance Ltd.
Life Insurance Corporation of India, Siliguri Branch, 1, Sevok Road, Siliguri, Pin - 734001.
Darjeeling
3. LIC Housing Finance Ltd.
Mumbai Corporate Office, Maker Tower - F, 13th Floor, Cuffe Parade, Mumbai - 400005.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Nov 2019
Final Order / Judgement

Order no. 2

The complainant filed this case with the allegation that he obtained loan from LIC Housing Finance situated in Bokaro Steel City in the State of Jharkhand. Complainant has stated that he paid the EMI as per the verbal request of the o.p. no.2 and instead of paying the EMI @ Rs.6,266/- he went on paying Rs.5,793/- as EMI and the said transaction took place in the year 2005-2007 and after the lapse of several years i.e. more than a decade the complainant made some wild allegations against the o.p. no.2  and filed this case by making o.p. no.1 as a party to this case, but on perusal of the record we find that no cause of action arose within the jurisdiction of this Forum. Moreover, the complainant could have filed this case in Siliguri or in Bokaro Steel City within the State of Jharkhand. The complainant has created the jurisdiction in order to file the case before this Forum and the transaction that took place in the year 2005-2007 and for non compliance of the EMI the loan issued by the concerned office situated in Siliguri can be the proper Forum for filing this case. Therefore, we hold that the case filed by the complainant is barred by limitation as well as this Forum lacks territorial jurisdiction.

Accordingly, we hold that the case filed by the complainant is misconceived one and the same is dismissed in limini.

 
 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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