DATE OF FILING: 15.06.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of September, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.BINDU SOMAN MEMBER
C.C No. 135/2011
Between
Complainant : Abel S/o Ayyakutty,
Popson Estate,
Lines Room No.76,
Old Pambanar,
Pambanar P.O,
Peerumedu,
Idukki District.
(By Adv: K.M.Sanu)
And
Opposite Parties : 1. Joby Joseph,
Green Farmers Centre,
Kannanthanam Building,
Mundakkayam P.O,
Kottayam District.
(By Advs: P.A.Suhas & M.M.Lissy)
2. The Manager, Kannikkattu Trading Co-operative,
Market Road,
Kanjiramattom Junction,
Thodupuzha East P.O,
Idukki District.
(By Adv: Shiji Joseph)
O R D E R
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
1. At the outset the opposite parties raised the question of maintainability of the complaint. According to the opposite parties, this Forum lacks territorial jurisdiction to entertain this complaint. Since the cause of action for the complaint has been arised at Mundakkayam in Kottayam District. It is beyond the jurisdiction of this Forum. We have heard the learned counsel for the opposite parties and also the counsel for the complainant and perused the documents. Evidently the cause of action for this complaint has been arised at Mundakkayam in Kottayam district. It is not the ripe time to consider the evidence of this case.
2. The Hon'ble Supreme Court of India in M/s.Sonic Surgical Vs. National Insurance Company Limited reported in 2010 CPJ(2) Supreme Court (CP) held as follows :-
“ In our opinion, the expression “ Branch Office” in the amended Section 17(2) of the Consumer Protection Act would mean the branch office where the cause of action has arisen. No doubt this would be departing from the plain and literal words of Section 17(2)(b) of the Act. But such departure is sometimes necessary(as it is in this case) to avoid absurdity (Vide GP Sings Principles of Statutory Interpretation, Ninth Edition 2004 Para 79)”.
3. The above decision is absolutely applicable in this instant case. In view of the above, no hesitation to hold that this complaint is not at all maintainable before this Forum. So the complainant is directed to receive back the complaint and the related documents to the same before the appropriate authority if so advised within one month.
Pronounced in the Open Forum on this the 30th day of September, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT.BINDU SOMAN(MEMBER)
