Dr. Nanjappa Road,

Coimbatore – 641 018

Tamilnadu.

O R D E R

Sri. K. Gopalan, President.

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite party to deliver the articles booked or to refund it’s price with interest @ 12% from 06.01.2012 and an amount of  `25,000 as compensation with cost of `500.

          The case of the complainant is as follows :  The complainant ordered the opposite party to supply the following articles viz.

1)     Honda 12.5 BHP HI-pressure direct coupled pump and

2)     12.5 mm hose 2 roll  total worth of which `75,000.

Complainant paid `2000 on 04.01.2012 as advance.  After receiving this amount opposite party compelled to pay the entire amount thus complainant paid the entire amount.  But opposite party did not deliver the articles. Complainant sent one Vinu, his representative to Coimbatore five times and moreover telephoned several times.   At last lawyer notice was issued on 01.03.2012.  But so far no reply is received.  Due to this irresponsible act complainant suffered both mental and monetary loss.   Hence this complaint.

          Forum sent notice to opposite party but notice returned with endorsement intimation given.  Hence taking into account which has been properly served opposite party was called absent and set exparte.

          Complainant get examined himself as PW1 and adduced evidence by way of affidavit evidence.  Ext.A1 to A7 marked on behalf of complainant.

          The most important question that aroses for consideration before going deep into the merit of the case is that whether there is any cause of action partly or otherwise arose within the jurisdiction of the Forum or not.  The pleadings as well as the documents produced by complainant does not show that the cause of action arose within the jurisdiction of this Forum.   The case of the complainant is that the cause of action arose on 04.01.2012 the date of booking and giving advance on 05.01.2012 and on 06.01.2012 the date of payment of balance amount through Vijaya Bank, Kannur through which transaction is made and on 01.03.2012 the date of lawyer notice and thereafter at Kannur which is within the jurisdiction of this Forum.

          From the pleadings itself it is clear that the only act has been taken place within the jurisdiction of this Forum is nothing but payment of amount through Vijaya Bank, Kannur. There  is nothing in the pleading to show that anything more than sending of money has been taken place within the jurisdiction of this Forum.  Complainant stated in affidavit evidence that the order was placed basing upon the talk with the representative of opposite party from the office of the complainant at Kannur.  But particulars of representatives were not given.   There is absolutely no evidence placed before the Forum so as to prove such representative had visited complainant’s office at Kannur.  Even there is no such pleading and unless it is proved, it is difficult to say that order was placed upon the canvas of representative of opposite party at Kannur and thereby cause of action aroused from Kannur District.

          On going through the evidence we are of considered opinion that merely because of the reason that the payment amount has taken place through Vijaya Bank, Kannur it is not possible to say cause of action arose within the jurisdiction of this Forum.  In the absence of evidence to show that the cause of action wholly or in part arosed within the local limits of this Forum.  The complaint as such is not maintainable, since the Forum has no territorial jurisdiction to entertain the complaint.  Hence there is no meaning in going further into the merits of the case.  The complaint stands returned for want of jurisdiction and for presenting the same before the appropriate Forum.

          In the result, the complaint is returned with all the documents.

          Dated this the 3^rd day of July, 2012.

                       Sd/-                        Sd/-                  Sd/-                           

President                 Member            Member

APPENDIX

Exhibits for the Complainant

A1.  Bill dated 04.01.2012.

A2.  Paying – in – slip dated 05.01.12.

A3.  Paying – in – slip dated 06.01.12.

A4.  Copy of lawyer notice dated 01.03.12.

A5.  Postal receipt.

A6.  Letter dated 29.03.12.

A7.  Letter from Post Master, Kannur.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Affidavit evidence of the Complainant.

Witness examined for opposite party

Nil

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT