Date of Filing: 19.12.2019                                                                                                                

Date of Disposal: 07.01.2020

           This Complaint is filed by Complainant under Section 12 of the CP Act, 1986, alleging deficiency in service as well as unfair trade practice against the Ops, as the Ops did not provide him similar new car in exchange of the damaged car amounting to Rs. 7,98,000/- after payment of adequate compensation to him.

            Today is fixed for admission hearing of this Complaint.

            The Ld. Counsel for the Complainant is present by filing Hazira.

            During hearing on the point of admissibility of this Complaint, it is seen by us that in the pleading, the Complainant has stated that he purchased a car on December 12, 2018 from the showroom of Rudra Hyundai Motor situated at Bamunara, L & T more, NH- 2, Durgapur. For purchasing the said car, he paid a sum of Rs. 7,98,000/- towards the consideration amount to the authorized signatory of Rudra Hyundai. Subsequently, the car was registered before ARTO, Durgapur, West Bengal within six months from the date of its purchase, he was travelling from Kolkata to Durgapur by the said car on 25.05.2019 on that particular day, the said car got severe collision with a good’s carrier vehicle on the NH 2 near Budbud, Purba Bardhaman. Due to such collision, the Complainant got physical injury along with traumatic facial injury and the front side of the car totally damaged along with other parts. Due to such injury, the Complainant remained bed-ridden till last week of November, 2019. Since the date of accident the Complainant had to undergo through major facial surgery at the Mission Hospital, Durgapur. The Complainant had to incurred more than 4,00,000/- for medical treatment. After turned back from Mission Hospital, Durgapur, the Complainant submitted a detailed representation through e-mail before the Managing Director, Hyundai by ventilating his grievances in connection with the non-deploying of air bags at the time of accident dt. 25.05.2019 at Budbud, Purba Bardhaman. The Complainant further requested the Regional Manager, Hyundai to take necessary action in connection with the aforesaid incident by exchanging the damaged car with adequate compensation along with expenditure as incurred by him towards his medical treatment. Therefore, the Complainant issued several written representations but the company did not take any positive step. Being frustrated and dissatisfied with the action of the company, the Complainant has approached before this Ld. Forum by filing this Complaint praying for direction upon the Ops to provide him a similar new car exchanging the damaged car along with cost and compensation.

            As per the Settled Law, at the very outset the Complainant is under obligation to satisfy the Ld. Forum as to whether this Ld Forum is empowered with the complaint from the point of its Territorial Jurisdiction. On this aspect, it is seen by us that the Complainant purchased the questioned car from Hyundai Motors which is situated at Durgapur, the alleged accident took place at Budbud, Purba Bardhaman. In the prayer portion, the Complainant has prayed for direction upon the Ops to provide a similar new car exchanging the damaged car. Therefore, from the pleading it is crystal clear that no Cause of Action has arisen within the Territorial Jurisdiction of this Ld. Forum.

            During hearing, the Complainant has stated that several correspondences have been made by him with the Office which situated under the Territorial Jurisdiction of this Ld. Forum. In this context we are to say that as the Complainant is seeking to get a new car exchanging the damaged car from the company, whose address does not fall within the Territorial Jurisdiction of this Ld. Forum and no Cause of Action has arisen in respect of claiming a new car exchanging the damaged car within the Territorial Jurisdiction of this Ld. Forum, hence this Complaint cannot be adjudicated upon by this Ld. Forum.

            Going by the foregoing discussion, hence it is ordered that the Consumer Complaint being no CC 199/2019 is hereby dismissed without being admitted and being no maintainable as barred by Territorial Jurisdiction.

            However, the Complainant is at liberty to file afresh before the Appropriate Forum/Court/Commission to resolve his grievance, if not barred otherwise.

             Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

       Dictated & Corrected by

[Hon’ble MRS. Silpi Majumder]

               MEMBER