<br /> <br /> By SRI.K. VIJAYAKUMARAN , PRESIDENT.<br /> <br /> This is an application filed by the opp.party challenging the maintainability of this Forum to entertain this complaint.<br /> <br /> The averments in affidavit accompanying in the complaint can be briefly summarized as follows:<br /> <br /> <br /> The transaction in this complaint has taken place at Cherthala in Alaeppy District where the establishment of the opp.party situates. The complainant approached the opp.party at his office at Cherthala and purchased materials for manufacturing electric choke and the allegation that the transaction has taken place at the residence of the complainant is false. No part of cause of action has arisen within the jurisdiction of this Forum <br /> and therefore, this Forum has no territorial jurisdiction to entertain this complaint.<br /> <br /> Respondent/Complainant filed objection contending that the complainant requested materials for manufacturing choke for electric tube light in pursuant to the notification published by the opp.party in news papers. The opp.party came to the house of the complainant and collected Rs50,000/- and issued a receipt. The articles supplied by the opp.party when verified subsequently was found to be worth only Rs.5,000/- . The remaining items were not supplied evenafter repeated requests . Therefore, the complainant demanded the opp.party to take back the materials and repay the amount collected from him. But the opp.party did not refund the amount collected, with the result that the complainant sustained damages to tune of Rs.50,000/-. The allegation that the transaction has taken place at the opp.party’s institution at Cherthala is false. The transaction has, infact, taken place at the residence of the complainant and therefore, this complaint is maintainable before this Forum. <br /> <br /> The point for consideration is Whether this Forum territorial jurisdiction to entertain this complaint?<br /> <br /> Point:<br /> <br /> Heard both sides. According to the petitioner/opp.party the transaction in this case has taken place at his office at Cherthala in Alleppy District. The complainant/Respondent came to his institution at Cherthala<br /> and executed an agreement in the presence of 2 witness and collected the materials for manufacturing choke for tube lights paying Rs.50,000/-. According to the petitioner the agreement executed by the complainant/Respondent and the receipt would clearly show that the transaction has taken place at Cherthala. On the other hand the contention of complainant/Respondent is that the opp.party came to his house at Kollam when he contacted the opp.party seeing the newspaper advertisement and accordingly the opp.party came to his house supplied materials for manufacturing choke for electric tube lights for which he paid Rs.50,000/- . However there is no material, worth believable to show that any part of cause of action has accrued within the jurisdiction to this Forum. The complainant has not denied the execution of the agreement. The agreement shows that the same was executed in the presence 2 witnesses and their address shows that both of them belong to Cherthala. It cannot be believed by any stretch of imagination that the opp.party came to the house of the complainant with the witnesses and the agreement was executed in the house of the complainant. It is also an admitted fact that the opp.party has no office or branch office in the Kollam District nor the opp.party is permanently residing within the jurisdiction of this Forum or carry on business or personally work for gave within the jurisdiction of this forum. No material ,worth believable, was produced to show that any part of cause of action has arisen within the jurisdiction of this Forum. It is also worth pointing out that the question of territorial jurisdiction raised by the opp.party/petitioner before filling version and despite that fact the complainant failed to produce any material prove his contention. In these circumstances the only inference that can be drawn is that the transaction has taken place at Cherthala as contended by the opp.party/petitioner. Hence we hold that this Forum has no territorial jurisdiction to entertain this complaint. Point found accordingly. <br /> <br /> <br /> <br /> In the result petition is allowed, finding that this Forum has no territorial jurisdiction to entertain this complaint. No costs.<br /> <br /> <br /> Dated this the 16th day of May, 2008.<br /> <br />