Orissa

Jagatsinghapur

CC/144/2018

Ashok Nayak - Complainant(s)

Versus

Mahindra&Mahindra Finance service ltd - Opp.Party(s)

Mr.D.Choudhuary & Assoc

14 Oct 2022

ORDER

                                                                                       JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking the following reliefs:

            “Direct the opposite party No.2 to waive out the excess calculation amount or else to settle the dispute after calculation of total outstanding as regards the vehicle and pay Rs.10,000/- towards cost of mental agony as well as litigation expenses”.

            Notice was issued to opposite parties and opposite parties have filed their objection as well as written version where in they have objected regarding jurisdiction of this Commission (earlier Forum). The complainant has taken loan from Cuttack Branch and none of opposite parties resides within jurisdiction this Commission. This Commission has no power to entertain the application as contained U/s.11 (2) of C.P. Act, 1986.  

            Since we have no jurisdiction under the old C.P. Act, 1986 we dismiss this case for lack of territorial jurisdiction. However liberty is given to file the case in appropriate Commission as if the same has been filed in 2018. After the amendment of C.P. Act, District C.D.R. Commission have been empowered to entertain the application where the consumer resides but in this case since the complainant has committed error by filing in wrong Forum and we give liberty we feel it just and proper that question of limitation from 10.01.2019 till date shall not be raised by the opposite parties and the complainant is at liberty to approach the appropriate Commission, if so advised within a period of 30 days from the date of receipt of order. With the aforesaid observation and direction the consumer complaint is dispose of without any cost.