Kerala

Malappuram

OP/03/221

U.Usman - Complainant(s)

Versus

General secretary,Bus operaters association. - Opp.Party(s)

14 Dec 2007

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/03/221

U.Usman
...........Appellant(s)

Vs.

General secretary,Bus operaters association.
...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI 2. K.T. SIDHIQ

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complaint is aggrieved by the non-refund ofRs.27,800/- deposited with opposite party. An issue regarding jurisdiction of this Forum to try the complaint was raised by opposite party in the version. We thought it necessary to discuss this preliminary issue before going into the merits of the case. 2. The address of opposite party is Palakkad District which is outside the territorial jurisdiction of this Forum. Complainant pleads in 2nd para of the complaint that he used to make payments to the agent of opposite party at Perintalmanna bus stand which is within the territorial jurisdiction of this Forum. Opposite party has vehemently denied this contention in Para 8 of the version. According to opposite party they have not collected any amount from Perintalmanna bus stand. Although complainant alleges that part of the cause of action arose within the jurisdiction of this Forum he has not filed any affidavit or documents to support this. 3. We are of the considered view that this Forum lacks jurisdiction to try this complaint. Hence complaint returned with liberty to file before the proper Forum. Dated this 14th day of December, 2007. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Nil Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER




......................C.S. SULEKHA BEEVI
......................K.T. SIDHIQ