<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT.<br /> <br /> This is an application challenging the territorial jurisdiction to this Forum to entertain this complaint. The averments in the affidavit are that the complainant is a business man and that he purchased of chain saws from the opp.party is for commercial purpose and therefore, the complainant is not a consumer. It is further contended that since the opp.party has their office at Kochi and having no branch office at Kollam and the purchase was made at Kochi this Forum has no territorial jurisdiction to entertain this complaint.<br /> The complainant/Respondent filed objection contending that the first opp.party supplied the petrol chain saws to the complaint at the complainant’s residence at Ayoor and therefore, this Forum has territorial jurisdiction to entertain the complaint.<br /> <br /> Point for consideration is whether this Forum has territorial jurisdiction to entertain this complaint. <br /> <br /> <br /> <br /> Point: According to the petitioner opposite parties this Forum has no territorial Jurisdiction as none of the ingredience referred to in Section 11 of Consumer Protection Act is applicable in this case and that no part of cause of action has arisen within the territorial of this Forum. According to the petitioner Respondent theComplainant approached them at Kochi and purchased the chain saw and that the opp.parties never delivered the chain saw to the complainant at his residence. Though the complainant would contend that the first opp.party came to the house of the complainant at Ittiva village in Ayoor and delivered the chain saw and collected Rs.69,400/- there is no material worth believable to establish that aspects. The complainant in the complaint has stated that he has paid Rs.400/- towards installation charges to the person deputed by the opp.parties no material was produced to support that contention also. In the reply notice issued by the opp.party to the complainant’s notice it is clearly stated that no part of the cause of action has arisen within the jurisdiction of this Forum and despite that no material was produced to establish that any part of the cause of action has arisen within the jurisdiction of this Forum. It is an admitted fact that the opp.party is not residing within the jurisdiction of this Forum or carrying on any business to earn his livelihood. There is also no branch office of the opp.party within the jurisdiction of this Forum. Other than the averments of the complaint there is no material to show that this Forum has territorial jurisdiction to entertain this complaint. On a perusal of the entire record we are considered view that this Forum hasno territorial jurisdiction to entertain this complaint.<br /> <br /> <br /> Point found accordingly.<br /> <br /> <br /> In the result the petition is allowed, return the complaint to the complainant for presentation before the proper Forum.<br /> <br /> <br /> <br /> Dated this the 18th day of February, 2008.<br /> <br /> <br /> <br /> K. VIJAYAKUMARAN ACHARY :<br /> <br /> <br /> ADV. RAVI SUSHA:<br /> <br /> <br /> R. VIJAYAKUMAR:<br />