DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Civil Station, Palakkad – 678001, Kerala
Dated this the 30th day of August, 2010
Present: Smt.Seena.H, President Smt.Preetha.G.Nair, Member Smt.Bhanumathi.A.K, Member
CC.No.105/2010
Smt.Mary George, Chirayath House, Chazhur.P.O, Thrissur 680571 - Complainant (By Adv.Viju.K.Raphel) Vs
1.LIS (Regd), (Represented by its Managing Partner) Plackal Court, M.G.Road, Ernakulam.
2.The Managing Partner, LIS(Regd), Plackal Court, M.G.Road, Ernakulam.
3.The Manager, LIS (Regd), Near K.S.R.T.C. Bus Stand, Palakkad. - Opposite parties
O R D E R
By Smt.Seena.H, President
Complaint filed for return of deposit money along with interest. It is alleged that opposite parties has received fund on condition that it will be given back as double within the stipulated period.
Complaint was posted for hearing on admission. Heard complainant. On perusing the file, it is seen that this forum has no jurisdiction to entertain the complaint as no cause of action has arisen within the jurisdiction of the forum. Hon'ble Apex
Court has laid down in Sonie Surgical V National Insurance Co. Ltd [2010 CTJ2(SC)(CP)] that “a complaint under Consumer Protection Act can be filed only before a consumer forum in whose territorial jurisdiction cause of action of that case arose. It cannot be filed at any place where the branch office of respondent was situated, unless the cause of action arose in the territorial jurisdiction of consumer forum of that area”.
In the light of the above decision, without going into the merits of the case, complaint is dismissed with direction to approach appropriate forum for relief.
Pronounced in the open court on this the 30th day of August, 2010
Sd/- Seena.H, President Sd/- Preetha.G.Nair, Member Sd/- Bhanumathi.A.K, Member
| [HONORABLE Smt.Bhanumathi.A.K] Member[HONORABLE Smt.Seena.H] PRESIDENT[HONORABLE Smt.Preetha.G.Nair] Member | |