Tripura

Dhalai

CC/6/2017

Sri Ashutosh Debnath. - Complainant(s)

Versus

M/S Ramthakur Enterprise. - Opp.Party(s)

Sri.Shibendra Das Gupta, Adv.

29 Jan 2018

ORDER

BEFORE

District Consumer  Redressal Forum

Dhalai Kamalpur.

 

           Case No. 6/CC/KMP/ of 2017

 

                   Sri  Ashutosh Debnath

                   S/O Nishikanta Debnath

Of Kamalpur town PS Kamalpur

                   Dhalai Tripura

                                                          ……………………     Complainant

                                               Vs

Proprietor

M/s Ramthakur Enterprise
PSKumarthat Unakoti Tripura

PIN799264                      ......……………… Opposite Party.

         

                                                  Present

                       Sri S.K. MAJUMDER.

                                  President

             District Consumer Redressal Forum

                           Dhalai Kamalpur.

                              

M E M B E R S

 

 1.   Smt. Subhadra Sen

                     2.   Dr. Jiteswar Ahir.

 

LD. C O U N S E L S

For the Complainant         : Mr. S. Dasgupta Ld.Advocate

For the Opp. Party :                                        

                                                                                                                        

                    Date of Institution   :       28.07.2017          

 Date of argument     :     06.01.2018   

 Date of judgment :    29.01.2018

 

 

J U D G M E N T

 

1.            This is a complaint US 12 of the Consumer Protection Act 1986 filed by complainant Sri  Ashutosh Debnath.

 

2.                The facts of the case lie in a brief compass the complainant purchased one Erickshaw bearing chassis no. RFLWB000144 and 04 (four) numbers battery bearing no. CDA5243Q205024 CDA5243Q204712 CDA5243Q205022 & CDA5243Q20439 from the opposite party on 27.11.2016 @ Rs. 70350/ & Rs. 26492/ and the opposite party also issued 02 (two) numbers cash memo and 04(four) numbers guarantee/warranty card guarantying the proper functioning of the battery. On 15.05.2017 the complainant went to Kumarghat and handed over the defective battery bearing number CDA5243Q205022 along with original guarantee card to the OP. The OP assured the complainant to replace the defective battery bearing number CDA5243Q205022 within seven days but he did not take any step. The Erickshaw was totally collapsed due to battery did not work and again arose on 15.06.2017 despite of service of the notice the OP did not take any step for getting back the battery to the complainant.  The complainant therefore prays for compensation of refund  Rs. 26 492/ paid to the respondent for the purchase of the battery set and  of Rs. 10 000/ for damages for harassment and mental agony assessed in total of Rs. 36492/.                                                                                   

 

3.                The notice was duly served upon the OP on 07.08.2017 but did not appear in spite of giving several chances and accordingly we took up the case exparte.

 

4.                The complainant submitted evidence by affidavit and also the documents in support of the claims namely (1) Warranty Card  of battery (2) Cash memo of 04(four) numbers of battery and Cash memo of Erickshaw.

 

5.                The counsel for the complainant Mr. S Dasgupta appeared and advanced his argument. We have heard him on behalf of the complainant.

 

6.                It is admitted fact that the transaction took place at Kumarghat and the OP has been running his business having his establishment at Kumarghat which is within the Unakoti District and not lying within the Dhalai District. This consumer forum is established to deal the matter within the Dhalai Revenue District. Therefore we have to consider the point of jurisdiction. S. 11 of the Consumer Protection Act 1986 deals with the territorial jurisdiction of the District Consumer Forum and subsection (2) is relevant:

11(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction

(a) 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

(b) 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

(c) the cause of action wholly or in part arise

 

 

7.                On going through the said subsection 2 of S. 11 it is to be noted that the complaint can be filed within local limits of District Consumer Dispute Redressal Forum where opposite party or each of the opposite parties where there are more than one opposite party at the time of incident of the complaint actually or voluntarily resides or carries on business or has branch office and personally works for gain. In the Present case the Opposite Party is having its address at Kumarghat Unakoti District where he has been carrying his business. There is no indication in the complaint petition that the Opposite Party has any establishment or his residence within the Dhalai District to cover the territorial jurisdiction excised by the District Consumer Dispute Redressal Forum of Dhalai District as laid down under subsection 2 of S. 11 of the Consumer Protection Act 1986.

8.                           Therefore we are of the opinion that this District Redressal Forum has no territorial jurisdiction to decide the complaint preferred by the complainant before us.

 

O R D E R

 

9.                          In the result the complaint petition filed by the complainant is dismissed having no territorial jurisdiction to decide the issue raised in the complaint petition.

 

 

10.                        The case is disposed of with the above directions.

 

 

11.                        Supply copy of judgments to the parties free of cost.

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​12.                       The judgment and order as above delivered on this the 29^h day of January 2018 under the hand and seal of this Court.

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MEMBER DISTRICT CONSUMER FORUM DHALAI TRIPURA : KAMALPUR

MEMBER DISTRICT CONSUMER FORUM DHALAI TRIPURA : KAMALPUR

PRESIDENT DISTRICT CONSUMER FORUM    DHALAI TRIPURA : KAMALPUR