O R D E R ; ( Per Shri B.R. Chandel, President).
The complainant Pankaj Kumar on the strength of this complaint has claimed that the opposite parties be ordered to replace Mahindra Bolero Maxi truck plus B53 bearing Chassis No. TAD4M85345 Engine No. E2A50413 and to pay a compensation of Rupees one lac on account of loss of business and Rupees one lac on account of financial loss on the grounds that he is an unemployed youth and driver by profession, hence purchased the vehicle in question vide sale invoice No. 1903 dated 22-03-2014 from the opposite party No.1. But on 04-04-2014 the complainant noticed the cell of the vehicle was in cracked condition and there was welding in the Dash board and as such the opposite party No.1 supplied the old defective vehicle and has played fraud upon the complainant.
2. The vehicle in question has been manufactured by Mahindra and Mahindra Ltd. The opposite party No.1 is the dealer of the said company. The opposite party No.1 is carrying its business at village and Post Office Bhangrotu in District Mandi, H.P. The complainant purchased the vehicle in question from the opposite party No.1 at Bhangrotu. The payment was made at Bhangrotu and delivery of the vehicle in question was taken from Bhangrotu. The opposite party No.1 is neither carrying on its business in district Bilaspur nor has its branch office. The complainant has not filed the complaint against any branch office of the opposite parties located within the jurisdiction of this Forum. In view of the said facts, it is apparent that the opposite parties neither have any branch office which sold the vehicle in question to the complainant nor carrying on its business or works for gain within the jurisdiction of this Forum. The cause of action neither wholly or partly has arisen to file the present complaint within the jurisdiction of this Forum. In view of the aforesaid facts, this Forum has no territorial jurisdiction to try and decide the present complaint hence the complaint deserves to be returned to the complainant for presentation before the appropriate Forum. By taking this view this Forum is fortified by the law laid down in cases : Gautam Automobiles Pvt. Ltd. & Anr. Versus Pankaj reported in F.A. No. 16/2012 decided on 31-12-2012 , The CPL Motors Pvt. Ltd. Versus Shri Sushil Kumar & Anr. Reported in F.A. No. 197/2012 decided on 08-04-2013, M/s Em Pee Motors (Pioneer Toyota), Versus Sunita reported in F.A. No. 183/2012 decided on 20-05-2013 by the Hon’ble H.P. State Consumer Disputes Redressal Commission, Shimla.
3. In view of the findings recorded above, the complaint is ordered to be returned to the complainant along with original documents after retaining certified copies thereof. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, complete in all respects, be consigned to the Records.
ANNOUNCED & SIGNED IN THE OPEN FORUM;
Today this the 21st day of January, 2015.
( B.R. Chandel)
President
(Manorma Chauhan) (Pawan Kumar)
Member Member
