Karnataka

Chamrajnagar

CC/47/2008

Babugowda - Complainant(s)

Versus

ICICI Bank Ltd. - Opp.Party(s)

Mr.p.N.

27 Nov 2008

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Court Road, P.W.D. Colony, CHAMARAJANAGAR

Complaint Case No. CC/47/2008   1. Babugowda S/o Mallanagouda, Planners, office of Asst. Director of Town Planning, Double road, Chamarajanagar Chamarajanagar KARNATAKA ...........Complainant(s) Versus 1. ICICI Bank Ltd. Race course road, Alakapura, Vadodara, Mumbai Maharastra ............Opp.Party(s)

BEFORE:     HON'BLE MR. M.G.HIREMATH PRESIDENT   HON'BLE MRS. C.RENUKAMBA MEMBER   HON'BLE MR. P.S.NAGENDRA MEMBER

For the Complainant: Mr.p.N., Advocate For the Opp. Party:

ORDER This complaint is filed by the complainant against opposite parties  for a direction to release the documents in his favour.   Heard arguments.   The learned counsel for the complainant contended  that the cause of action for this complaint arose on 03.04.2008 when  opposite parties  issued  2nd letter  and on 12.05.2008 when the advocate issued notice on behalf of ICICI Bank ltd, Eureka Junction, Hubli (Opposite Party No.3) and this  Forum has jurisdiction to try the complaint. He further contended that there is a branch of ICICI Bank Ltd. at Chamarajanagar and it carries on  business within the jurisdiction of this Forum i.e. at Chamarajanagar and therefore this Forum has jurisdiction to entertain this complaint and he brought to my notice section 11(2) of C.P.Act in this connection.   Looking to the  complaint, it is seen that none of the opposite parties are residing or carrying on business within the jurisdiction of this Forum. The complainant has not made ICICI Bank Ltd. Chamarajanagar branch as one of the opposite parties.  If the complainant  had made ICICI Bank, Chamarajanagar branch as one of the opposite parties this Forum would have jurisdiction to entertain this complaint. But all the opposite parties are neither residing nor carrying on business within jurisdiction of this Forum. On a careful reading of the complaint it can be safely concluded that the cause of  action neither wholly nor in part   has arisen within the  jurisdiction of this Forum.  The  Opposite parties     addressed these two letters  dt. 03.04.2008 and 12.05.2008 from Mumbai and Hubli respectfully  to the complainant’s Gulbarga  as he was  then  residing  at Gulburga.  The complainant  has not made any transaction with Chamarajanagar branch  of ICICI bank and for that reason he has not made ICICI bank, Chamarajanagar branch as opposite party.  The facts of this complaint donot  attract  the provisions of the section 11 of CP Act.  Therefore we donot agree with the  arguments advanced by the learned counsel for complainant.   Therefore, we hold that this Forum has no jurisdiction to entertain this complaint and as such this complaint deserves to be  returned to the complainant.   Hence, this complaint be returned to the complainant for presentation before competent District Consumer Forum.

[HON'BLE MR. M.G.HIREMATH] PRESIDENT   [HON'BLE MRS. C.RENUKAMBA] MEMBER   [HON'BLE MR. P.S.NAGENDRA] MEMBER