KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISISON

VAZHUTHACAD, THIRUVANANTHAPURAM

REVISION PETITION 41/09 IN CC.483/08

ORDER DATED: 11.8.09

PRESENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

1. Cox and Kings (India) Ltd.,                     : REVISION PETITIONERS

     Turner Morrison Building,

     16, Bank StrEet,

      Post Mumbai 400 001 rep by its

      Manager.

2. N.Hariharane, Manager,

     Cox and Kings (India) Ltd.,

     39/6822, First Floor,

     M.G.Road, Ravipuram, Kochi.

3.  Mr.Sujith Sreekumar,

     Sales Officer,

     Cox and Kings (India) Ltd.,

     39/6822, First Floor,

     M.G.Road, Ravipuram, Kochi.

(By Adv.A.Kumar)

        Vs.

Biju Thottam,

Thottathil House,                                                : RESPONDENT

2/V Market.P.O.,

Muvattupuzha Taluk, Ernakulam Dist. 

ORDER

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

Revision Petitioner is the opposite party in CC.483/08 in the file of CDRF, Ernakulam. The Revision petitioner had raised the contention that the Forum is not having the jurisdiction  in view of the specific agreement entered into between the parties to the effect that the only CDRF, South Mumbai is vested with the jurisdiction.  The matter was agitated before the Forum.  But the Forum deferred the issue to be  considered at a later stage as the appellant/opposite party has not produced the agreement in between the parties.

          2. It is submitted by the revision petitioner that copy of the agreement has been produced.  In the circumstances the Forum is directed to consider the matter and arrive at a decision as  to the question of jurisdiction which has been raised as a preliminary issue.  Hence the order of the Forum is set aside.  The Forum is directed to hear both sides and decide the preliminary issue.   The Forum will issue notice to the complainant.  The matter is posted before the Forum on 29.9.09

          Office is directed to forward a copy of this order to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU          : PRESIDENT

ps