Complaint filed on: 02.08.2017
Complaint Disposed on:19.08.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.61/2017
DATED THIS THE 19th DAY OF AUGUST 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Smt M.E.Meenakshi,
W/o H.B.Manjunatha Gowda,
R/o Honnekool, Mekanagadde
Post, Mudigere Taluk,
Chikmagalur District, Karnataka.
(By Sri/Smt. V.H.Hoovegowda, Advocate)
V/s
OPPONENT/S:
1. M/s P.A.C.L. India Ltd.,
Regd. Office at 22, 3rd floor,
Amber tower, Sansar chand road,
Jaipur-302004, Rajasthan,
Corporate office at 7th floor,
Gopaladas Bhavan, 28, Barakambha
Road, New Delhi-110001.
2. M/s P.A.C.L. India Ltd.,
St.Anthony’s Complex,
1st floor, Opp. Canara bank,
Holenarsipura Road,
Hassan-573201.
By Hon’ble President Sri. Ravishankar,
:ORDERS ON ADMISSION:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP 1 and 2 alleging deficiency in service in not paying the fixed deposit bond amount of Rs.21,800/-. Hence, prays for direction against Op 1 and 2 to pay the said amount along with interest @ 18% from 26.03.2015 and compensation of Rs.10,000/- for deficiency in service and inconvenience.
2. The brief facts of the complaint is that:
The complainant has registered the plot from Op 2 company being the branch office of Op 1 bearing register No.U267031367 dated 26.09.2009. The payment plan is for 5 years 6 months under the bond No.AG11B 5819161 and complainant had paid Rs.15,000/- for the above plot and measurement of the plot is 300 sq. yards. The complainant at the time of registration had paid entire amount of Rs.15,000/- to Op 2 and Op 2 had issued a bond to that effect. There afterwards there is a instruction by the Op regarding the completion of the term after 5 years. Accordingly, she surrendered the bond to Op 1 on 23.06.2015 and Op 2 had assured to pay an amount of Rs.21,800/-. But so far Op 2 had not paid the said amount to the complainant inspite of repeated requests and legal notice also. Hence, alleges deficiency in service and prays for direction against them to pay the said amount.
3. Heard the arguments on admission.
4. The learned advocate for complainant vehemently argued and stated that the complainant is residing at Honnekool, Mekanagadde Post, Mudigere Taluk, Chikmagalur and states that the cause of action arose on 26.09.2009 and again on 26.03.2015 when she surrendered the original bond and says that the complaint is within the jurisdiction of the forum.
5. On perusal of the pleadings, documents produced by complainant we noticed that, the entire transaction of payment of money by complainant to obtain the said bond from Op 2 had took place at Hassan. The Op 1 is the main branch running a business at New Delhi. After receipt of Rs.15,000/- from complainant Op 2 had issued a bond at Hassan only. All communication made by complainant and Op took place at Hassan. Hence, this Forum has no territorial jurisdiction to entertain the complaint and at the same time complainant failed to establish there is a territorial jurisdiction before this Forum to entertain the complaint. Anyhow, complainant is at liberty to file the said complaint where the jurisdiction lays. As such at this junction of time the complaint is liable to be dismissed for want of territorial jurisdiction. Hence, the complaint is dismissed for want of territorial jurisdiction.
Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 19th day of August 2017).
(B.U.GEETHA) (H. MANJULA) (RAVISHANKAR)
Member Member President
