State Consumer Disputes Redressal Commission
Sri Debasish Basu vs Pailan Group on 31 May, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Transfer Application No. TA/46/2016 1. Sri Debasish Basu S/o Lt. Anil Chandra Basu, 292/8, G.B. Mondal Road, P.O. Nawabganj, P.S. Noapara, North 24 Pgs. - 743 144. ...........Appellant(s) Versus 1. Pailan Group Branch office at 127, Kankulia Road, Kolkata -700 029, P.S. Charu Market. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE KALIDAS MUKHERJEE PRESIDENT HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Ved Sharma, Advocate For the Respondent: Ms. Ananya Chatterjee, Advocate ORDER
31/05/16 HON'BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT This is a Transfer Application bearing no.TA 46 of 2016 filed by the Petitioner/Complainant for the transfer of case no.CC 707 of 2013 from District Forum, Kolkata, Unit-I to the District Forum, Kolkata, Unit-II. But subsequently there has been a change of jurisdiction following the notification of the Government of West Bengal bearing no.2498-CA/Estt/O/5C-17/13 dated 27/08/15 and the present case falls within the jurisdiction of District Forum, Kolkata, Unit-II. The OP has filed written objection against such Transfer Application.
It is submitted by the Learned Counsel for the OP that in the notification there is no retrospective effect.
Having heard both sides and on perusal of the papers on record, we are of the view that in view of the subsequent notification dated 27/08/15, P.S. Shakespeare Sarani falls within the jurisdiction of District Forum, Kolkata, Unit-II and if the case is transferred to District Forum, Kolkata, Unit-II it will not cause prejudice to the OP.
Transfer Application is allowed. The complaint case no.CC 707 of 2013 before the Learned District Forum, Kolkata, Unit-I is withdrawn and transferred to District Forum, Kolkata, Unit-II for disposal. Inform both the District Fora accordingly fixing 21/06/16 for appearance of the parties before the District Forum, Kolkata, Unit-II. [HON'BLE MR. JUSTICE KALIDAS MUKHERJEE] PRESIDENT [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER