THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.118/2013
Dated this the 3rd day of January 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that complainant had availed a hire purchase loan from the opposite party for the purchase of a vehicle bearing Reg.No.K.L.35 2655 on 14.11.2006 for a total amount of Rs.13,20,000/-(Rupees Thirteen Lakh Twenty thousand only) The term fixed for the repayment of the loan was five years and mode of payment was monthly installments. The complainant had fully paid up the amount and closed the loan account on 13.12.2011. In fact the opposite party received an excess amount of Rs.2,38,039/-(Rupees two lakh Thirty eight thousand and thirty nine only) towards the loan amount. So opposite party is liable to return the above mentioned amount along with interest and also liable to pay compensation of Rs.25,000/-.
The only point for consideration is whether complaint is maintainable or not.
On perusal of the complaint and documents produced by the complainant is shown the actual cause of action arose within the jurisdiction of the CDRF, Kottayam, where the opposite party resides. Since the opposite party’s residence and carries business within the jurisdiction of the CDRF, Kottayam, this forum has no territorial jurisdiction upon it. Therefore complaint is liable to be dismissed for lack of jurisdiction.
Pronounced in the Open court this the 3rd day of January 2014.
Date of filing:20.03.2013.
SD/- PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
