State Consumer Disputes Redressal Commission
Delta Conclave Ltd. vs Ruby Choudhury on 25 January, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Revision Petition No. RP/68/2016 (Arisen out of Order Dated 05/01/2016 in Case No. Complaint Case No. CC/177/2015 of District Howrah) 1. Delta Conclave Ltd. Rep. by its Managing Director, Sanjay Saha, 10A, Creek Lane, Kolkata- 700 014. 2. Susmita Saha, Director, Delta Conclave Ltd. W/o Sanjay Saha, 9A Creek Lane, Kolkata- 700 014. 3. Sandha Saha, Director, Delta Conclave Ltd. W/o Amir Kumar Saha, 9A, Creek Lane, Kolkata- 700 014. 4. Amir Kumar Shawee, Director, Delta Conclave Ltd. S/o Lt. Janendranath Shaw, 9A,Creek Lane, Kolkata- 700 014. ...........Appellant(s) Versus 1. Ruby Choudhury W/o Tarapada Panja, 63, Shoban Choudhury Lane, Salkia, Howrah-711 106. 2. Sulekha Panja W/o Tarapada Panja, 331/3, G.T. Road, Salkia, Howrah. 3. Malay Paul S/o Mirtunjoy Paul, 331/3, G.T. Road, Salkia, Howrah. 4. Sebabrata Paul S/o P.Paul, 43/47, Khagendra Nath Ganguly Lane, Salkia, Howrah -711 106. 5. Asit Sen S/o Lt. Anadi Sen, 415, Belilious Road, Howrah - 711 101. 6. Sikha Paramanick W/o Palan Paramanick, 28/3, Khagendra Nath Ganguly Lane, Salkia, Howrah -711 106. 7. Shila Ghosh W/o Jiban Ghosh, 4/1/1, Madan Biswas Lane, Salkia, Howrah. 8. Soma Chakroborty W/o N.S. Chakraborty, 62, Madhusudan Biswas Lane, Salkia, Howrah. 9. Narayan Shee S/o Shee, 28, Banerjee Bagan Lane, Salkia, Howrah -711 106. 10. Suphal Mallick S/o Mallick, 120, Sriram Dhang Road, Salkia, Howrah. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Petitioner: Mr. Anirban Majumder, Advocate For the Respondent: Mr. Amit Pachal., Advocate Dated : 25 Jan 2018 Final Order / Judgement
Sri Shyamal Gupta, Member This Revision is directed against the Order dated 05-01-2016 passed by the Ld. District Forum, Howrah in C.C. No. 177/2015.
The case of the Revisionists, in short, is that the impugned order is unsustainable in law because the Ld. District Forum exceeded its jurisdiction in admitting the complaint. It is empathically stated by them that they do not have any branch office in the District of Howrah. As a result, no cause of action of the instant complaint arose within the territorial jurisdiction of the Ld. District Forum.
We have heard the Ld. Advocates of the parties and perused the documents on record.
On closer scrutiny of the documents on record, we come across only two addresses of the Revisionist Company, both of which are situated in the District of Kolkata.
Although the Respondents mentioned a Howrah address in the cause title of the complaint, significantly, no such documentary proof is placed on record in order to show that the Revisionists indeed operate from the said address. No copy of letter is placed before us by the Respondents also to show that they made any communication with the Revisionists to their Howrah address.
Since the branch address was not shown separately in the cause title (it was shown alongside the registered address of the Revisionists, it is most unlikely that notice of the complaint case was duly served to that address also.
To sum up, no tangible proof is forthcoming before us to show that the Revisionists have any footprint in Howrah District. Accordingly, we cannot endorse the view of the Ld. District Forum that Revisionists do have their Branch Office in Howrah. Consequent thereof, we are constrained to set aside the impugned order.
The Revision, thus, succeeds.
Hence, O R D E R E D The Revision stands allowed on contest. The impugned order is hereby set aside. Respondents, however, shall be at liberty to approach the proper Forum for redressal of their grievance within 40 days hence, if they desire so and they may be entitled to the benefit of the observations of the Hon'ble Supreme Court in Laxmi Engineering Works v. P.S.G. Industrial Institute II (1995) CPJ 1 (SC) : 1995 3 SCC 583 for the purpose of exclusion of time spent in pursuing their case before the Ld. Dist. Forum as well as this Commission. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER