Circuit Bench Nagpur

StateCommission

A/08/321

MR.RAFIQ KHAN RASHID KHAN - Complainant(s)

Versus

PROP.SHRI NAKODHA FINANACE,AUTOMOBILE - Opp.Party(s)

MR.MANISH WANKHEDE

13 Sep 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA CIRCUIT BENCH AT NAGPUR 5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1 CIVIL LINES, NAGPUR-440 001

First Appeal No. A/08/321 (Arisen out of Order Dated 31/01/2008 in Case No. CC/235/2007 of District )   1. MR.RAFIQ KHAN RASHID KHAN R/O.DUSARBID, TA.SINDHAKHEDRAJA BULDHANA Maharastra 2. Shri Mahedra Meshram Nagpur Nagpur ...........Appellant(s) Versus 1. PROP.SHRI NAKODHA FINANACE,AUTOMOBILE SADAR BAJAR,BILARA-342602 JODHAPUR Maharastra ...........Respondent(s)

BEFORE:     Hon'ble Mr.S.M. Shembole PRESIDING MEMBER   HON'BLE SMT.JAYSHREE YENGAL MEMBER   HON'BLE MR.N. ARUMUGAM MEMBER

PRESENT: None ......for the Appellant   None ......for the Respondent

ORDER   PER SHRI S.M.SHEMBOLE, HON'BLE JUDICIAL MEMBER Appellant as well as his counsel are absent. The record reflects that the appellant as well as his counsel are absent since after filing the appeal. The record further reflects that notice was directed to be issued to the Respondent. The appellant had received the notice for sending it to the Respondent but no report is submitted. However, inadvertently, on the last date, it is noted that first notice was not issued to the Respondent and was directed to issue notice. Since the record reflects that the notice was issued earlier, said order dated 29/4/2011 is recalled.             Further, on perusal of copy of the impugned judgment and order, it reflects that the complaint came to be dismissed for want of territorial jurisdiction. On perusal of the complaint, it reveals that alleged agreement took place in Rajasthan and, therefore, the District Consumer Forum has rightly held that it has no jurisdiction to entertain the complaint. Hence the appeal is summarily dismissed.       Delivered on 13/09/2011.

[ Hon'ble Mr.S.M. Shembole] PRESIDING MEMBER   [ HON'BLE SMT.JAYSHREE YENGAL] MEMBER   [ HON'BLE MR.N. ARUMUGAM] MEMBER