| First Appeal No. A/1149/2018 | | ( Date of Filing : 30 Jul 2018 ) | | (Arisen out of Order Dated 21/04/2018 in Case No. CC/689/2018 of District Bangalore 1st & Rural Additional) |
| | | | 1. R.Santhosh | | Aged about 37 years, s/o R.Ramachandra, R/a No.158, 32rd B Main, ITI layout, 1st phase, J.P.Nagar, Bengaluru-560078 |
| ...........Appellant(s) | |
| Versus | | 1. Mahesh | | Aged about 35 years, R/a Flat No.104, Plot No.36, Vivek vihar apartment, Roam No.10, Yadav nagar, Alkapuri colony, Nagole, Hyderabad. |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.21.08.2024 A/1149/2018 O R D E R BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER. - This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.21.04.2018 passed in CC/689/2018 on the file of 1st Addl., District Forum, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
- The Commission examined grounds of appeal, impugned order, appeal papers and heard. Now the point that arises for consideration of this Commission would be:
Whether the impugned order dtd.21.04.2018 passed in CC/689/2018 does call for an interference of this Commission for the grounds set out in the appeal memo? - Complainant/Appellant herein had raised consumer complaint on 13.04.2018 which came to be dismissed for want of territorial jurisdiction of the Forum. According to the Complainant, he has clearly stated the cause of action of the complaint, arose on 07.06.2017 and 17.07.2017, when the Complainant had paid a sum of Rs.2,80,000/- to OP towards job placement which includes completion of visa process. In the cause title of the complainant, he has presented himself as R.Santhosh, aged about 37 years, S/o R.Ramachandra, R/at No.158, 32nd B main, ITI layout, 1st phase, JP Nagar, Bengaluru-78 and he has arrayed OP/Respondent as Mr.Mahesh, aged about 35 years, R/at Flat no.104, Plot no.36, Vivek Vihar Apartments, Road no.10, Yadav Nagar, Alkapuri Colony, Nagole, Hyderabad. According to the Complainant, he has paid Rs.2,80,000/- to OP towards placement of job and for completion of visa process. In such circumstances, dismissal of the complaint at threshold without issuance of notice to OP has to be held improper. Hence, we proceed to allow this appeal. Consequently set aside the order dtd.21.04.2018 on the file of 1st Addl., District Forum, Bengaluru urban passed in CC/689/2018 with a direction to readmit the complaint and issue notice to OP and decide the complaint in accordance with law affording opportunity to both parties as early as possible not later than three months from the date of receipt of this order.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
