F I N A L O R D E R
This is a case U/S 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.Ps. to provide new LPT 1616 (TRUCK) in place of defective LPT 1616 (TRUCK) or to get back the whole amount paid by the complainant to purchase said vehicle, to pay Rs.95,000/- as compensation for harassment and deficiency in service, to pay Rs.4,000/- as litigation cost and other reliefs.
The complainant’s case is in brief is that the complainant purchased a Truck vide Model LPT 1616 having Chassis No. MAT361015B1D12020 and Engine No. 697TC66DYY112285 manufactured by O.P. No. 2, from O.P. No. 1 and the same was
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registered with RTO, Raiganj on 14-10-2011 and got a Number WB-59A/6240. Heardly four months passed the vehicle begun to keep trouble and it was dictated that problems were with starting, Body, Engine and tyres. On various occasions the vehicles were repaired in Authorized Service Stations and the vehicle was tested by an Expert who defined that the vehicle required through repairing. Since purchase the complainant could not ply the vehicle without any trouble. Accordingly the complainant’s livelihood has been spoiled. The O.Ps. in a most clandestine manner has threshed upon the complainant and the vehicle is in manufacturing defect. Hence this case.
The O.P. No. 3 appeared in this case and started to contest this case. But on the dates of hearing it did not appear. Lastly on 10-12-02014 on the prayer of the complainant the name of the O.P. No. 3 was expunged.
The O.P. Nos. 1&2 contested this case by filing separate written versions stating inter alia that the complaint in not maintainable, the complaint is barred by limitation, this Forum has no jurisdiction to try this case as the cause of action did not arise within the local limit of this Forum and as alleged purchase was made at Siliguri within the District of Darjeeling, no report of any Expert has been submitted with the complaint, the complainant has gone to various service centers for very nominal and trifle reason, the complainant made outright blatant lies and the vehicle is very much road worthy and is plying well, the claim of manufacturing defect is false and the case is liable to be dismissed with cost.
DECISIONS WITH REASONS
We carefully consider the contents of the petition of complaint, W.V., documentary evidence on record and arguments advanced by the Ld. Lawyers for the parties.
The O.P. Nos. 1&2 have raised several points including the point that this Forum has no jurisdiction to try this case as the cause of action did not arise within the local limit of this Forum and as alleged purchase was made at Siliguri within the District of Darjeeling. So it is essential to decide first, the point that whether this Forum has any jurisdiction to try this case. From the evidence on record it appears that the complainant purchased the Truck vide Model LPT 1616 having Chassis No. MAT361015B1D12020 and Engine No. 697TC66DYY112285 manufactured by O.P. No. 2, from O.P. No. 1 in question at Siliguri within the District of Darjeeling. There is nothing on record showing that at the time of the institution of this case the O.Ps. actually and voluntarily resided or carried on business or had branch office or they
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personally worked for gain within the local limit of this Forum. In the complaint petition the complainant has only stated that the cause of action arose on 12-02-2012
and on 04-05-2012. But he has not mention the place where such cause of action arose. There is nothing on record showing that the cause of action arose on 12-02-2012 and on 04-05-2012 within the local limit of this Forum. So we hold that this Forum has no jurisdiction to try this case.
As this Forum has no jurisdiction to try this case, the question of deciding the other points does not arise.
Accordingly the complaint fails.
Fees paid is correct.
Hence, it is
ORDERED,
that the complaint case No. CC-77/2012 be and the same is dismissed on contest without cost against the O.Ps.
Let true copies of this order be supplied to the parties free of cost.
