The complainant Sri Vijay Kr. Sharma has filed this complaint petition against Manager, Singh Group 58/4 BT Road Kolkata and one another for realization of Rs. 2,40,001/- as value of Scorpio GLX with 12 % p.a. interest and Rs. 50,000/- as physical and mental harassment.
The brief, facts of the case is that the complainant purchased a Scorpio GLX vide registration No. WB-02Q-4289 on 09-08-2014 from o.p. no.-1 for Rs. 2,40,001. The further case is that o.p no.-1 assured the complainant that he will send N.O.C for registration in Bihar by obtaining the same from vehicle owner Sujit Kr Saw (o.p no.-2). The further case is that o.p no.-1 handed over the photocopy of papers of the vehicle with vehicle to the complainant but after many requests the o.p didn’t provide transferred owner book and N.O.C. to the complainant till filing of the complaint petition. So, the complainant sent a legal notice on 08-12-2015 but o.p no.-1 didn’t provide original papers of the vehicle with N.O.C to the complainant. The further case is that the complainant requested the o.p to take return the vehicle and pay Rs. 2,40,001 to the complainant but o.p no.-1 is evading the same on some pretext.
The complainant has filed the following documents with the complaint petition- Photocopy of certificate of registration –annexure-1, photocopy of Insurance certificate annexure-2, photocopies of vouchers annexure-3 & 4.
On issuance of notices, o.ps didn’t appear before the forum, so forum proceeded Ex. Party against the o.ps vide order dated 21-09-2019.
The complainant has examined Vijay Kumar Sharma (complainant ) as AW-1 and Vinod Kr. AW-2 on affidavit.
Learned Lawyer for the complainant has already been heard.
The complainant has made o.ps as Manager, Singh Group of Kolkata and Sujit Kr. Saw 458 B Ravindra Sarani Kolkata. There is no o.p of Muzaffarpur jurisdiction. The complainant has not mentioned a Single Line in the complaint petition as to how this forum has got jurisdiction to entertain this complaint petition.
Section-11 of Consumer Protection Act 1986 confers jurisdiction of the District Forum which is as follows- 11. Jurisdiction of the District Forum.- (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees twenty lakhs.
- A complainant shall be instituted in a District Forum within the local limits of whose jurisdiction –
- The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [ carries on business or has a branch office or] personally works for gain, or
- Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [ carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or [ carry on business or have a branch office], or personally work for gain as the case may be acquiesce in such institution; or
- The cause of action, wholly or in part, arises.
As per section-11 of the Consumer Protection Act, the complaint shall be filed within the local jurisdiction of the forum where the o.p. resides, carry on business or has a branch office or cause of action wholly or partly arises. From the complaint petition, it transpires that the o.ps are not residing or carries on business or have a office in the territorial jurisdiction of Muzaffarpur. AW-2 Vinod Kr., has stated in para-2 of his examination -in -chief that the vehicle was brought from Kolkata to Motipur, so it transpires that vehicle was purchased in the jurisdiction of Kolkata and as such no cause of action wholly are partly arisen in the jurisdiction of this forum. So this forum has got no territorial jurisdiction to entertain this complaint petition and as such the complaint is liable to be dismissed.
Accordingly, the complaint petition is dismissed.
