Karnataka

Bangalore 1st & Rural Additional

CC/144/2020

Mr. Muduluri Rajesh - Complainant(s)

Versus

M/s. Holiday Kart Pvt Ltd - Opp.Party(s)

16 Jun 2020

ORDER

BEFORE THE BENGALURU RURAL AND URBAN I ADDITIONAL
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, I FLOOR, BMTC, B BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHI NAGAR, BENGALURU-27
 
Complaint Case No. CC/144/2020
( Date of Filing : 12 Feb 2020 )
 
1. Mr. Muduluri Rajesh
.
...........Complainant(s)
Versus
1. M/s. Holiday Kart Pvt Ltd
.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B., PRESIDENT
 HON'BLE MR. Y.S. Thammanna, B.Sc. LLB. MEMBER
 HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 16 Jun 2020
Final Order / Judgement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:16/06/2020

Com/s By:

    OPs:

ORDERS REGARDING MAINTAINABILITY OF THE COMPLAINT BEFORE THIS FORUM

 

        The complainant has filed this complaint for refund of Rs.90,000/- paid under the purchase agreement, interest of Rs.16,200/- on the said amount and Rs.5,00,000/- as damages for causing mental agony.

      Office of this forum has raised the objection as to whether any cause of action has taken place within the territorial jurisdiction  of this forum. Heard the arguments of the counsel. On perusing para 4 of the complaint, OP.No.1, 2 and 3 are the residents of Andheri (West), Bombay. At Para 6 and 7 of the complaint, it is mentioned that the complainants had been to Goa on a trip on 10.07.2019. They came across an advertisement in respect of Ops holiday package at Calangute Beach and they were announcing and distributing vouchers and assuring that they will get some gifts on scratching the voucher. When they scratching the voucher, they found that they are the lucky winners and upon which they were given 30 minutes training programme in the hotel and upon which they paid the amount seeking vaction ownership with the Ops.

       When these facts and circumstances are taken into consideration, though the complainants are residents of  Bangalore, the entire cause of action has taken place in Goa and the Ops are residing at Bombay. When such being the case, no cause of action or part of cause of action has taken place within the jurisdiction of this forum as envisaged under Section 12 of the Consumer Protection Act.

       Hence we are of the opinion that this complaint is not maintainable before this forum and hence the same is ordered to be returned to the complainant for presenting the same before the proper forum having jurisdiction and cause of action.           

 

 

 

MEMBER        MEMBER       PRESIDENT

 

 

 

 

 
 
[HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B.,]
PRESIDENT
 
 
[HON'BLE MR. Y.S. Thammanna, B.Sc. LLB.]
MEMBER
 
 
[HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B]
MEMBER
 

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