Kerala

StateCommission

A/14/335

PPRABHAKARAN KV - Complainant(s)

Versus

RENAULT INDIA PVT LTD - Opp.Party(s)

V G JAYAGOPAN

16 Aug 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.335/2014

 

ORDER DATED:16.08.2014

 

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

 

Prabhakaran.K.V,

Kariyezhath House,

Perinjanam West,                                                               : APPELLANT

Thrissur.                              

PIN – 680 686.

 

(By Adv: Sri. V.G. Jayagopan)

 

            Vs.

 

1. Renault India Pvt. Ltd.,

Head Office, S.V. Ramana Tower,

4^th floor, Venkattanarayana Road,

T.Nagar, Chennai-600 017.

 

      2.   Show Room Manager,

T.V. Sundaram Iyenkar & Sons Ltd.,

Vyttila Junction, Kochi-682 019.

                                                                                                : RESPONDENTS

1. Show Room Manager,

TVS & Sons Ltd.,

By-Pass Mannoothi, Ollukkara.P.O,

Thrissur – 680 655.

 

1. MRF Ltd.,

Pannivelil Buildings, V/568,

Menonpara Road, Kanjikkode,

Palakkad-678 621.

 

 

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

 

This is an appeal filed by the complainant in CC.242/14 on the file of CDRF, Thrissur challenging the order of the Forum dated, May 23, 2014 directing the complainant to take back the complaint and present it before the appropriate Forum as the Forum lacks territorial jurisdiction to entertain the complaint.

2.      Complainant filed the complaint before the Forum alleging that a Renault Duster Diesel Vehicle purchased by him in December 04, 2012 from 2^nd opposite party was defective as its tyres showed wear and tear.  He prayed in the complaint for a direction directing the opposite parties to rectify the defect or give him a new vehicle.  The Forum found that the vehicle was purchased from the second opposite party from Kochi and that therefore the Forum lacks jurisdiction.

3.      Along with the appeal complainant has produced copy of the complaint.  On going through the complaint I am of the view that the Forum has jurisdiction to entertain the complaint.  Third opposite party is a show room Manager, TVS & Sons Limited, Mannuthy which is at Thrissur who is the agent of the first opposite party, M/s Renault India Private Limited.  It is also alleged in the complaint that vehicle was serviced by the 3^rd opposite party.  It is clear from the above that part of the cause of action has arisen within the jurisdiction of the lower Forum.  Therefore I hold that Forum has jurisdiction to entertain the complaint.

In the result appeal is allowed.  The impugned order of the Forum that Forum has no jurisdiction to entertain the complaint and to return the complaint to the complainant is set aside.  The Forum shall take back the complaint on file and proceed in accordance with law.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

VL.