Order No. 05 Dated- 22.1.2021.
Record is put up for order with regard to the point of admission of the consumer complaint.
The matter was heard on 12.11.2021.
The instant complaint has been filed by the complainant, seeking refund of amount paid along with interest, compensation etc, as he is aggrieved of deficiency in providing service, negligence and adoption of unfair trade practice on the part of the OP M/S SWO India Ltd., because there has been an inordinate delay with regard to delivery of possession of the subject property booked by him in the proposed project “Veer Awas Kolkata” at Village-Keutia under PS Jagaddal PS.
Now we will deal with regard to territorial jurisdiction of this commission. It may be stated here that the complainant as stated that he is residing at Domkal Kuthi, Domkal, Murshidabad, Pin-742303 and also at C/o Subedar Subrata Saha (Retired), 225, Napior Road, PS-Hestings, Kolkata-700022. Enclosures having annexed with the complaint petition itself goes to show that complainant is an inhabitant of Domkal Kuthi, Domkal, Murshidabad. Not only as above, even the Booking Application Form & Undertaking also reveals that complainant is an inhabitant of Domkal within the District of Murshidabad. Thus, from the documents referred to above, it is clearly proved that complainant is residing at Domkal Murshidabad and no document is forthcoming on the part of the complainant to establish that he is also residing at 225, Napior Road, PS-Hastings, Kolkata-700022. As such, the plea taken by complainant that he is an inhabitant under Hastings PS is not stands. Thus, this commission has no territorial jurisdiction to entertain the complaint. Jurisdiction of District Commission has been provided under section 34 of the CP Act, 2019.
Jurisdiction of District Commission:-
“34 (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:
Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,
- the OP or each of the OPs, where there are more than one, at the time of institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
- any of the OPs, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission or the District Commission is given, or
- the cause of action, wholly or in part, arises or
- the complainant resides or personally works for gain.
Furthermore, letter dated 19.11.2016 (change of official address) go to show that the complainant is personally works for gain at 440 Coy ASC (sup) Type-B Pin-907440 C/o 99 APO which is also outside the territorial jurisdiction of this commission. Medical treatment sheet of command Hospital, Alipore, Kolkata-700027 never create any cause of action or jurisdiction to institute the complaint before this commission.
In view of foregoing discussion, this commission has no jurisdiction to entertain the complaint. Thus, the complaint petition be returned to the complainant or his recorded lawyer against proper receipt and identification. Complainant may file consumer complaint before the competent commission having its jurisdiction, if so desired.
For the reasons recorded above the prayer of the complainant dated 20.09.2021 under section 34 (2) (c) of the CP Act, 2019 is not tenable in law and rejected.
Thus, MA being No. 400/2021 is disposed off.
Order be uploaded on www.Confonet.nic.in
