31.08.2015 The Complainant is absent on repeated calls. The Opposite Party also absent no steps taken by them. In absence to parties we are inclined to dispose the case on merit.

Deficiency in service is the main allegation of the complainant.

Opposite party in his written version has raised the plea of territorial jurisdiction of this forum to entertain the complaint.

Careful perusal of pleadings and documents reveals that the transactions were made at Jeypore in the district Koraput which does not come within the territorial jurisdiction of Malkangiri District Forum.

The relevant Section of Consumer Protection Act is reproduced as under :

1. Subject to the other provisions of the Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed (does not exceed rupees twenty lakhs).
2. A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction-

1. The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or (carries on business of has a branch office of ) personally works for gain, or
2. Any of the opposite parties, where there are more than one, at time of the institution of the complaint, actually and voluntarily resides, or (carries on business of has a Branch Office), or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who of not reside, or (carry on business of have a Branch Office), or personally work for gain, as the case any be, acquiesce in such institution; or
3. The cause of action, wholly or in part, arises.

It is settled law that complaint can be filed only at that place if cause of action has arisen within local limits, thereof. The complainant could have been filed at Koraput District Forum at jeypore only if a part of cause of action has arisen at that place. All the facts in complaint occurred at Jeypore of Koraput District and such could not be entertained at Malkangiri District Forum as no part of cause of action has arisen here.

Accordingly, the complaint is dismissed with liberty to file a fresh complaint on the same subject matter in appropriate Forum for which he would be entiteled to the benefit of the time consumed in these proceeding for remission against counting the period of limitation, in keeping with liberty allowed by the Hon’ble Supreme Court in the case of Laxmi Engineering works-Versus-P.S.G. Industrial institute (1995) 3 SCC583.

  Copy of the order be sent to the parties free of cost.

Pronounced in open Court on 31^st August, 2015.