Order dt.27/12/1995<br /> <br /> Written by the President. <br /> <br /> Order regarding the maintainability of this Complaint in the Forum. <br /> This complaint is filed against the Respondent praying to direct the Respondent to pay Rs.3,500/= towards the transport charges of the Mini bus to Mangalore, Rs.3,000/- towards the amount spent for telephone calls and other expenses, Rs.31,500/= towards the loss sustained from 5-10-94 to 26-10-94 for not running the bus, in all Rs.37,500/=_ <br /> The case of the complainant is that the mini bus purchased from the respondent suddenly stopped on the road on 3rd October that the respondent after seeing the bus told to take the bus to Mangalore for repairs; that accordingly on 4-10-94 at 9.00 PM took the bus to Mangalore from Madikeri in Mookambika lorry by paying hire charges of Rs.3,500/=; that 0 5-10-94 after removing the engine, the Manager of the respondent company told that the parts were not available there; that they would get the parts from out side and after 4 days to contact them through phone: that when the complainant went after 6 days, the bus was in the same condition that they told that spare parts were not available even in Poona and that they would get hem manufactured ; that 15 days after when contacted through phone the Respondent failed to repair the bus: that the respondent told to go over there 8 days later; that even after the the lapse of 25 days the respondent never repaired the bus not delivered the same that on account 0f this kind of attitude of the respondent, the complainant sustained loss and hence, this complaint for the aforesaid reliefs. <br /> <br /> <br /> The Respondent filed objection statement contending among other grounds, that this Forum has no Jurisdiction and hence this complaint is not maintainable.<br /> Since the Respondent has taken the objection regarding the Jurisdiction of this Forum, we heard the arguments On that point and posted for orders. <br /> The short point for consideration is whether this Forum has Jurisdiction to entertain this complaint? <br /> It is pertinent to note that the complainant had filed another complaint against the Respondent in CPA/K.62/ 84. In that complaint this Forum has passed an order on 17-8-95 to return the complaint to the complaint to present the same before the District Forum at Mangalore on the ground that the entire transaction took place within the Jurisdiction of Mangalore District Forum and also 0n the gound that the Respondent's office is situate at Mangalore and that there is no branch office at Kodagu District. <br /> During the course of the arguments, the complainant and his counsel submitted that this complaint may also be sent to Mangalore District Forum. Apart from their above submission, we may point out that the office 0f the Respondent company is situated at Mangalore and all the transactions have taken place at Mangalore itself. We may also point out that there is no branch office of the Respondent company in Kodagu District and that no cause of action has arisen within the Jurisdicti0n this Forum• Therefore, we hold that this Forum has no Jurisdiction to entertain this complaint. Hence, we answer the above point in the negative. <br /> <br /> In the result, we pass the following <br /> <br /> ORDER<br /> <br /> This complaint is ordered to be returned to the complainant to enable him to present the same befOre the District Forum at Mangalore. In the circumstances of the case, we direct the parties to bear their own costs. <br /> <br /> B.S.Shabmu,President. <br /> P.C.Gopal,Member<br />