<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT.<br /> <br /> This is an application filed by the opp.party in the complainant challenging the territorial jurisdiction of this Forum to entertain the complaint.<br /> According to the petitioner the complainant has no cause of action to file this complaint before this Forum. It is stated that the opp.party herein is stationed at Pune and the car was purchased by the complainant from the dealer of the opp.party at Cochi The complaint to the car developed enroute to Calicut and the vehicle was entrusted with the workshop at Coimbatore. The opp.party has no branch office here also. Therefore, this Forum has no territorial jurisdiction to adjudicate this complaint.<br /> <br /> <br /> The complainant/Respondent filed objection contending that the Forum has territorial jurisdiction to entertain this complaint, as the complainant is residing at Kollam and the car was purchased for use at Kollam.<br /> <br /> Heard both sides. As a matter of fact there is no averments in the complaint with regard to the date of accrual of cause of action or the place where the cause of action has arisen. There is no dispute that the opp.party is stationed at Pune and the car was purchased from Cochi. Admittedly the opp.party has no branch office at Kollam. There is also no averments that the opp.party is residing within the jurisdiction of this Forum or carrying on business here. From the averments in the complaint it can be seen that the car developed complaints enroute to Calicut and the same was entrusted for repairs at Coimbatore which are not within the jurisdiction of this Forum. The contention that the complainant is residing within the jurisdiction of this Forum and that the car was purchased for use at Kollam do not confer any territorial jurisdiction on this Forum. Hence we are satisfied that this Forum has no territorial jurisdiction to entertain this complaint. Hence return the complaint for presentation before the proper Forum.<br /> <br /> <br /> <br /> Dated this the 31st day of October, 2007.<br /> <br /> <br /> <br /> K. VIJAYAKUMARAN ACHARY: <br /> <br /> ADV. RAVI SUSHA : <br /> <br /> <br /> <br /> Forwarded/by Order,<br /> <br /> SENIOR SUPERINTENDENT.<br />