IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
IA Nos. 310/16 and 311/16
in
C C No. 49/2016
Thursday, the 24th day of November, 2016
Petitioner : 1) Joe Pius,
S/o. Pius,
Mappilacherry House,
Vazhappally P.O.
Changanacherry – 3, - 686 103.
Vazhappalli East Village of
Kottayam District
working as Manager of
M/s. Well worth Engineers
and Polymers, B-7 Industrial Estate,
Ettumanoor,
M/s. H&J Estates Pvt. Ltd.
Near Railway Station,
Ettumanoor, Kottayam dist.
M/s. H&J Informark, B-8,
Industrial Estate, Ettumanoor, Ktm.
2) Arjun G. Nair,
Kooriappallil House,
Edavattom P.O.
Thalayolapparampu,
Kottayam – 686 605
working as Assistant Manager
of Indian Bank at Pedikallepalli Branch,
Krishna Dist. Andhra Pradesh.
3) Premsad K.S.
Kaipuzha House,
West Koratty, Mambra P.O. of
Thrissoor Dist.
Working as Shift Engineer at
M/s. Tolins Tyres,
Kalady, Ernakulam Dist.
(Adv. Cherian Chacko)
Vs.
Opposite Parties : 1) M/s. Igloo Resorts,
Chithirapuram,
Power House Road,
Munnar, Idukki Dist – 685612.
(Adv. R.O. Muhamed Shemeem and
Adv. T.P. Abdul Hameed.
2) Sejoe Jospeh,
Managing Director,
Perfect Hand Solutions Pvt. Ltd.
Door No.36/674,
St. Francis Xaviers Church Road,
Kaloor, Kochi – 682 017.
(Adv. Joseph and Paulose)
O R D E R
Hon’ble Mr. Bose Augustine, President
IA 310/2016 filed by the 1st opposite party challenging the maintainability of the case and IA 311/2016 filed by the complainant for preliminary hearing regarding the jurisdiction of the case.
The 1st complainant booked a deluxe double room with additional bed with the 1st opposite party through the website of the 1st opposite party by internet. It was done through the 2nd opposite party, because the 2nd opposite party is the booking agent of the 1st opposite party. The booking was confirmed and the status of the booking was seen as booked in the PHS room booking of the 1st opposite party. The necessary charges for the deluxe double room at the 1st opposite party resorts was debited from the 1st complainant’s Bank account at IDBI Bank, Changanacherry. The complainants on 04/10/2014, the date of booking arrived at 1st opposite party resort at Moonnar. But the staff of the 1st opposite party informed that rooms were not available. On several requests, they has not cared to allot rooms as per booking. Thereby the tour of the complainants was spoilt and they returned home without making any fuss as the hopes of a holiday were dashed by above illegal actions of opposite parties. After reaped requests, they had returned only the room rent after deducting service charges. According to the complainants the above said act of opposite parties amounts to deficiency in service and unfair trade practice. Hence this complaint. According to the complainant, the cause of action of the complaint arosed on 04/10/2014, when the 1st complainant booked room in 1st opposite party resorts through 2nd opposite party through internet from Changanachery Town and paid the advance rent amount from his bank account at IDBI Bank, Changanacherry branch which is within the jurisdiction of this Forum.
According to the 1st opposite party, none of the opposite parties are actually and voluntarily resides or carries on business or has a branch office, or personally works for gain within the jurisdiction of this Fora. Furthermore, no cause of action for the complaint wholly or partly arose within the jurisdiction of this Fora. According to the 1st opposite party, mere allegations, booking rooms through online and debiting the money for booking the rooms from the 1st complainant’s bank within the local limits of this Fora would not confer any jurisdiction.
Section 11 (2) of the Consumer Protection Act states as follows.
“A complaint 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”.
The Hon’ble National Consumer Disputes Redressal Commission in Chandra Toyota Vs. Jain Builders (2015 (1) CPJ 93) categorically stated that merely by sending money from a particular place, the District Forum do not have jurisdiction to entertain the matter.
In view of the above decision, we are of the view that the complaint is not maintainable before this Fora as having no territorial jurisdiction. Hence IA is allowed. The complaint is dismissed accordingly.
Pronounced in the Open Fora on this the 24th day of November, 2016.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
By Order
Senior Superintendent (I/C)
