The complainant purchased a Mahindra mini Van manufactured by OP No.2 on 28-06-2012 from M/s Bellary Motors Sales Pvt.Ltd., Hospet in Bellary district. The said vehicle, according to the complainant was having major and minor problems and the OP No.1 has not properly repaired it on several times referred to in the complaint. The vehicle is in the custody of the OP No. 1 since 08-1-2013. The complainant therefore sought for the compensation under the following heads.
- Mental torture, agony & Miscellaneous Charges - Rs. 50,000.00
- Loss of Income of Rs.1,000/- per day from
08.01.2013 - Rs. 5,26,000.00
- Costs of spare parts purchased by
Complainant from outside - Rs. 25,743.00
TOTAL - Rs. 6,01,743.00
2. The complaint is contested by both the respondents by filing detail written versions separately. Since we are dismissing the complaint on a short legal ground without going to the merits of the claim, it is not necessary to narrate the defense version.
3. Paragraph – 7 of the complaint reads as follows.
“CAUSE OF ACTION – that, the cause of action for the complaint arose on 28-06-2012 the date of purchase of vehicle i.e. Mahindra Mini Van white Colour bearing No. KA-37/A-2168 from respondent No.1, and on 30-05-2014 the date of issuance of legal notice and all other dates of requests and pursuance made by the complainant and the same is continuing one within the jurisdiction of this Hon’ble Forum.”
4. The vehicle was purchased in the dealer shop at Hospet in Bellary district. The manufacturer was in Bengaluru. The date of legal notice cannot be a cause of action for the claim. On the basis of the pleadings in paragraph – 7 of the complaint, this Forum will not have territorial jurisdiction to entertain this complaint.
5. In the result, the complaint stands dismissed.
/ ANNEXURE /
List of Documents Exhibited for the Complainant.
Ex.A.1 | Vehicle Order Taking Form | - |
Ex.A2 | Copy of receipt | 28-06-2012 |
Ex.A.3 | Form No. 21, Sale Certificate | 28-06-2012 |
Ex.A.4 | Certificate of Registration | 26-07-2012 |
Ex.A.5 | Job Card | - |
Ex.A.6 | Copy of Legal notice | 30-05-2014 |
Ex.A.7 | Postal receipts (2) | 30-05-2014 |
Ex.A.8 | Postal acknowledgments (2) | - |
Witnesses examined for the Complainant / Respondent.
P.W.1 | Sri Kanakappa S/o Bharamappa Kanakagiri. |
R.W.1 | Sri Rahul Vaidya S/o. H.K.Vaidya. |
