D.O.F:01/11/2022
D.O.O:18/05/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
RA.9/2022 IN CC. 204/2021
Dated this, the 18th Day of May 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
The Manager
Union Bank of India
(earstwhile Corporation Bank of India: Petitioner
Sullia Branch
And
1.Muhammed Noufal Bangara aged 41 years
S/o B. Abobacker
R/at Banson Mansion
Choori, RD Nagar P.O
Kudlu Village, Kasaragod
2. District Officer: Respondents
The Karnataka State Khadi and Village(Complainant & OP No.2)
And Industries board, D.K District
ORDER
SRI.KRISHNAN.K : PRESIDENT
Review petition is filed by the opposite Party bank with a prayer to review the order in IA 161/2021 in CC 204/2021 on the file of CDRC Kasaragod dated 07/10/2022.
Respondent in the IA namely complainant opposed the petition for review . parties and their counsels were heard, perused the case records and accordingly order is passed in the review petition. Main ground for filing review petition is that entire transaction in the matter is in Sullia, in Karnataka State, the Commission failed to take note of amended provisions regarding jurisdiction 34 (a), (b) and (c) and thus to hold that the CDRC Kasaragod has no jurisdiction in the above case.
Section 34 of Consumer Protection Act 2019
34. Jurisdiction of District Commission (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complainants where the value of goods or services paid as consideration does not exceed one crore rupees provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Commission within the local limits of its 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, ordinarily resides or carries on business or has a branch office or personaly 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 voluntary resides, or carries on business or has a branch office, or personally works for gain provided that in such case the permission of the District Commission. or
( c) The cause of action, wholly or in part, arises
(d) The complainant resides or personally works for gain.
Thus a consumer may file a complaint in the District Commission within the local limits of whose jurisdiction he resides or personality works for gain. So there is no mistake, apparent on the face of record to review the order dated 07/10/2022. The petition is devoid of any merit. Consumer is entitled to choose from among the options as per amended act. Thus consumer complaint is maintainable and accordingly. Review petition is dismissed as devoid of any merits.
In the result Review Petition is dismissed.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
