DEBASIS BHATTACHARYA, PRESIDING MEMBER

         This appeal is directed against order dated 08.07.2015 in Case No. 291/2015 passed by the Ld. District Consumer Disputes Redressal  Forum, South 24 Parganas (for short, District Forum). By the impugned order, the complaint petition has been ordered to be returned to the Complainant for presenting before the proper Forum.

         The solitary point involved in this appeal is as to whether the order of return of the complaint being not maintainable for out of jurisdiction is proper or not.

Decision with reasons

        Appellant has mentioned that the case before the Ld. District Forum, South 24 Parganas is maintainable as per Section 11 of the Consumer Protection Act, as some cause of action has arisen within that jurisdiction. This is a case of subsidy not given by the OP and a case of unfair trade practice on the part of the OP. He also stated that the concerned distributor of the OP is not required to made a party for adjudication of the case.

        Ld. Advocate for the Respondent has made out that the address of the OP is beyond the jurisdiction of the Ld. District Forum, South 24 Parganas, Section 11 of the  Consumer Protection Act does not come in the aid of the Complainant in the matter. The impugned order is a rightful one.

        The Distributor of the Complainant was not made party by him which is within his choice and intention, but the fact remains that the address of the OP is beyond the territorial jurisdiction of the Ld. District Forum, South 24 Parganas. So, there is no impurity in the impugned order. It can not be said to have any prejudicial effect upon the Complainant and the case. The impugned order is perfect in nature. So, it is upheld and affirmed. The appeal stands dismissed.