Hon’ble Mr. Manojit Mandal, President

Order No.4, dated 29/11/2018

The Complainant is represented by Ld. Advocate and files hazirah.

Today is fixed for passing order.

The record is taken up for order.

The Ld. Advocate appearing for the Complainant contended that the O.P No.2 is the authorized Agent of the O.P No.1.  The O.P No.2 used to collect money as per direction of the O.P No.1 and the O.P. No.2 is permanently residing within the jurisdiction of this Ld. Forum. The O.P No.2 came in the house of the Complainant and made a proposal for investment before the O.P. No.1 as debentures and the O.P No.2 assured the Complainant in respect of investment and in respect of maturity payment.  As per proposal and request of the O.P No.2, the Complainant invested Rs.5,000/- in respect of 50 debentures with assurance of refund of money of Rs.8,000/-. On 13.04.2013, the Complainant handed over Rs.5,000/- to the O.P. No.2 and the O.P No.2 issued a money receipt No.54461 dated 13.04.13 (Annexure “A”).  He further contended that the O.P No.1 issued letter of Allotment of debentures vide Folio No.13/4/Kol-59610, Allotment Letter No.COB/004087 under Scheme SD being No.RHL/SD/COB/0413/0072 and date of redemption i.e. maturity was on 13.04.16 for Rs.8,000/-. The O.P No.2 also handed over one Demand Promissory Note in respect of maturity value of Rs.8,000/-.  After maturity date, the Complainant contacted with the O.P No.2 in respect of maturity value but the O.P. No.2 stated that within four months, the maturity amount will be credited to the Bank Account of the Complainant.  He further contended that on 01.10.18 and 15.10.18, the Complainant filed written complaint before the O.P. No.2 and O.P No.1 through Registered Post with A/D and accordingly, the O.Ps received the same. The Complainant has not received the maturity value of the said debentures and as such, the Complainant suffered irreparable loss and substantial injury as well as financial loss. He further contended that that the activities of the O.Ps are deficiency in service and unfair trade practice. So, the case should be admitted.

We have heard the Ld. Advocate for the Complainant and have gone through the record of the case, carefully.

The principal question, that arises for consideration is, whether this Forum has got the territorial jurisdiction to entertain and decide the complaint, or not?

It appears from the record that the Complainant invested Rs.5,000/- in respect of 50 debentures with the assurance of refund of money of Rs.8,000/- and on 13.04.2013, the Complainant handed over Rs.5,000/- to the authorized signatory of the O.P. No.1 Company. A bare perusal of the money receipt being No.54461 dated 13.04.13 (Annexure “A”) clearly reveals that the same had been issued by the Head Office of Rahul Inn Hospitality Ltd. situated at New Alipore, Kolkata-700 053. The same bears the Stamp of Head Office of the said Company.  The same was also signed by the authorized signatory of the Kolkata Office of Rahul Inn Hospitality Ltd.  It also clearly reveals from the letter of the Allotment that the Head Office of Rahul Inn Hospitality Ltd. is situated at New Alipore, Kolkata.  Not even a single document has been placed, on record, by the Complainant to prove that any cause of action accrued to him, at Cooch Behar. Therefore, it is proved that the Complainant has failed to show that cause of action arises within the territorial jurisdiction of this Forum at Cooch Behar and this Forum has territorial jurisdiction to entertain and decide the complaint. The judgment referred by the Complainant being reported in II (2016) CPJ 106 (Gujarat) is not applicable in the facts of the instant case as the aforesaid citation is distinguishable in the context of their facts.

Under these facts and circumstances, we are of the view that this Forum has got no territorial jurisdiction, to entertain and decide the complaint and as such, the same (complaint) is liable to be returned to the Complainant, for presenting the same, before the appropriate Consumer Disputes Redressal Forum, having territorial jurisdiction, to entertain and decide it (complaint).

Hence, it is

Ordered

That the complaint, in original, along with documents, be returned to the Complainant, against valid receipt, after retaining the photocopy of the same, with liberty to file the same, before the appropriate Forum, having territorial jurisdiction, to entertain and decide it (complaint).

The complaint case is, therefore, disposed of accordingly.

Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy of this Final Order/Judgement also available at www.confonet.nic.in.

Dictated and corrected by me.