KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL 372/2009

JUDGMENT DATED: 30.4.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.M.K.ABDULLA SONA              : MEMBER

Gangadattan @ Babu,                         : APPELLANT

Gangothri, Njekkanal,

Alappuzha.

(By Adv.S.Reghukumar)

              Vs.

The Proprietor,                                   : RESPONDENT

Essar Combines,

Authorised L.G.Service Franchisee,

West of Medical College Junction,

M.O.Ward, Alappuzha.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

The appellant is the  complainant in CC.271/06 in the file of CDRF, Alappuzha.  The complaint stands dismissed.

          2. We find that the complaint has been dismissed on the ground that the Forum is not having territorial jurisdiction.  It is seen that  complaint has been filed on the basis of international warranty.  The impugned colour television set was entrusted with the service center of the particular Company within the warranty period.  As per the documents produced the opposite party has acknowledged the receipt of the television set and has sought for time for arrival of the ECB for effecting repairs. 

3. In the circumstance we find that dismissal of the complaint on the ground of lack of territorial  jurisdiction is incorrect.  The order of the Forum below in this regard is set aside. We find that the Forum is having territorial jurisdiction as part of the cause of action has arisen within the jurisdiction of the Forum.  Forum is directed to consider the matter on merits  and dispose of the same after providing opportunity to both sides to adduce evidence if any.  The complainant is also directed to implead additional  parties.

          The case stands posted before the Forum on 9.6.2010.

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

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

SRI.M.K.ABDULLA SONA              : MEMBER

ps