Kerala

Malappuram

OP/04/106

K.K ABU, S/O MAMMUNNI - Complainant(s)

Versus

SAFA ADVERTISERS - Opp.Party(s)

28 Jan 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/04/106

K.K ABU, S/O MAMMUNNI		 ...........Appellant(s)

Vs.

SAFA ADVERTISERS		 ...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI 2. K.T. SIDHIQ

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Heard the complainant on the preliminary issue of jurisdiction. Complainant contended that though the address or business of opposite party is not within the territorial jurisdiction of this Forum since opposite party had given their advertisement in the newspaper having circulation in the local area where the complainant resides this Forum has jurisdiction to try this complaint. 2. We find it difficult to agree with the complainant. Applying the dictum laid in 2004 NCJ 411 NC Arupkumar Battacharya Vs. Kundu Tirtha Special and another, that advertisement in newspaper having circulation in the local area does not confer territorial jurisdiction to try the complaint. Complaint dismissed with liberty to file before proper forum on the same cause of action. Dated this 28th day of January, 2008. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER




......................C.S. SULEKHA BEEVI
......................K.T. SIDHIQ