By Sri. P. Raveendran, Member<br /> <br /> <br /> Brief of the complaint is as follows.<br /> The Complainant had purchased Motor Cycle of Bajaj Boxer C.T-K-Tee from the Opposite Party after availing the finance scheme prescribed by the Opposite Party. The Complainant had executed all relevant documents as demanded by the Opposite Party, agreeing and undertaking to pay the hire amount together with agreed rate of interest in monthly installments. As per chart issued by the Opposite Party, the Complainant is liable to make final payment of installments on or before 05.01.2006. It was stipulated that when final payment is made by the Complainant within the prescribed period, the Opposite Party shall handover, the termination letter of the loan transaction, No Objection Certificate and Registration Certificate, relating of the Motor Cycle bearing Reg No. KL 12 B 7386 without fail.<br /> Contd.....2)<br /> 2.<br /> 2. The Complainant had discharged the entire sum payable by him. After making payment the Complainant approached the Opposite Party for issuing termination letter and No Objection Certificate, so as to enable him to get endorsement in the registration certificate of the vehicle. The Opposite Party claimed further amount by way of hire charges and penalty for belated payments. The Opposite Party is not legally entitled to claim any higher amount from the Complainant other than the amount already fixed by way of installments. The act of the Opposite Party amounts to deficiency in service and unfair trade practice. The Opposite Party is bound to issue clearance letter of loan, No Objection Certificate and Registration Certificate to the Complainant without claiming additional charges. The act of the opposite party caused heavy loss and mental sufferings to the Complainant. Hence Opposite Party is liable to compensate the same. The Complainant prayed that the Opposite Party may be directed to issue termination letter of the loan amount and No Objection Certificate to the Complainant. Also prayed to direct the Opposite Party to pay Rs.5,000/- as compensation along with cost of the petition.<br /> 3. The Complainant has produced Customer Statement as on 01.02.2006 of the vehicle No.KL 12 B 7386 issued by the Opposite Party to the Complainant.<br /> <br /> 4. The Complainant also produced proof affidavit. Notice sent to the Opposite Party. Even though the notice was served on the Opposite Party he has not appeared before this Forum. Hence the Opposite Party is declared exparte.<br /> 5. Points arise for consideration are<br /> 1) Whether this Forum has jurisdiction to entertain the complaint?<br /> 2) Whether Opposite Party has committed any deficiency in service<br /> and unfair trade practice?.<br /> <br /> 3) Relief and cost.<br /> <br /> Contd......3)<br /> 3<br /> 6. Point No.1: Section 11 (2) a to e of the Consumer Protection Act is the relevant section deals with the territorial jurisdiction of the District Forum. Above section reads as follows. (2) A complaint shall be instituted in a District forum within the local limits of whose jurisdiction.<br /> (a) The Opposite Party or each of the Opposite Parties, where there are more than one, at the time of the institution of the complainant, actually and voluntarily resides or (carries on business or has a branch office) personally works for gain. <br /> (b) Any of the Opposite Parties, where there are more than one, at the time of the institution of complainant, actually and voluntarily resides or (carries on business <br /> or has a branch office) personally works for gain, provided that in such case <br /> 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) personally works for gain, as the case may be, acquiesce in such institution or<br /> 1.(c) The cause of action, wholly or in part arises.<br /> <br /> 7. While so on per using the Complaint, proof affidavit and Ext.A1 it is clear that the Opposite Party is doing business and residing at Chakkorath Kulam, West Hill Calicut with in the territorial Jurisdiction of District Forum, Kozhikode. Hence this Forum has no jurisdiction to entertain the Complainant and point No.1 decided accordingly.<br /> <br /> 8. Point No.2 and 3: No meaning in discussing point No.2 and 3 since this Forum has no jurisdiction to entertain the complaint.<br /> <br /> In the result, this complaint is dismissed with reserving the rights of the Complainant to file complaint before appropriate Forum. <br /> Contd....4)<br /> <br /> 4.<br /> <br /> Pronounced in open Forum on this the 29th day of May 2008.<br />