IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /110/2014.

 Date of Filing:   20.08.2014.                                            Date of Final Order: 08.10.2015.

Complainant: Abdul Hamid , S/O late Allauddin Mondal, Vill& P.O. Chaltia, P.S. Berhampore Town,

                        Dist. Murshidabad.

-Vs-

Opposite Party: 1. Sanjib Sachdeba, 2. Abinash Sachdeba, both of Dealers of J.R. Sales & Services

                        Pvt. Ltd, 32 Ganesh Chandra Avenue, 6^th Floor, Kolkata- 700014.

                        3. Animesh Nag, General Manager, JR sales & Services Pvt. Ltd, 32, Ganesh Chandra                   Avenue, 6^th Floor, Kolkata-700014.

                        4. Rajesh Mahto, Production Support Manager, JR sales & Service s Pvt. Ltd.

                        Hyundari Construction Equipment Pvt. Ltd, Baishnavghata Patuli, Township,

                        Garagacha, Garia, Kolkata-700084.

                        5. Manager, Shriram Equipment Fiance Co. Ltd,No. 4,Lady Desika Road, Mylapore,                      Chennai-600004.

6. BranchManager, Shriram Equipment Finance Co. Ltd, of Nirmala  Bhavan,    Kadbeltala, Jalangi Road, P.O. Boaliadanga, P.S. Berhampore, Dist. Murshidabad.  Pin-742101          

                       Present:                                   

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Mrs. Pranati Ali, Presiding Member.

 The fact of the complainant’s case u/s 12 of the C.P. Act, 1986, is that the complainant purchased a Hyundai Hydraulic   Excavator Machine R 140 LC-9 worth Rs.39, 50,000/- from the OP Nos. 1, 2&3 by down payment of Rs.6, 50,000.00 with the financial assistance of OP no.5 and Op Nos. 1,2&3 have delivered the said machine on 08.07.2013 of Sahebrampur, Jalangi, Dist. Murshidabad. The complainant started payment of EMI with late fine interest every month to Op No.5 through OP No.6. But the said machine does not work properly. The complainant informed and requested the Op Nos. 1, 2&3 several times to repair or replace the machine. Ops did not pay any heed to that matter. At last the complainant sent an Advocate’s notice to the Ops but they were silent. Then the complainant was bound to come to this Forum for proper redress.

On the other hand only OP No.3 appeared in this case by sending written version along with a letter with registered post, where he denied all the material allegations raised by the complainant in his complaint. The Op No.3 also stated that the complainant has suppressed the letter and or reply received from Advocate of OP as well as enclosed wrong documents to mislead   the Ld. Consumer Forum. Further, stated that the complainant is a willful defaulter in respect of EMI payable to Finance Companies. Besides, this the said complaint is bad from lack of documents, mis-joinder of parties and also non-joinder of parties as well as Op No.1 & Op No.2 are wrongly addressed in this case as because, they are not dealers. On the basis of above mentioned points along with some other matters, this OP No.3 prayed for dismissal of the case.  

During hearing on the point of maintainability we find that this Forum has no pecuniary jurisdiction to proceed further with this case on merit as the said machine was purchased on July, 2013 being worth of Rs.39, 50,000.00 reveals from the complaint.

In this case the complainant has prayed for replacement of defective machine and for compensation of Rs.19, 98,486/-.

Considering the above facts and circumstances as to jurisdiction we can safely conclude that this Forum has no pecuniary jurisdiction to proceed with the case any further and as such this case be disposed of for lack of pecuniary jurisdiction and the plaint be returned and the complainant be at liberty to file the case before the appropriate Forum.         

Hence,

                                                     Ordered

that the Consumer Complaint No. 110/2014 be and the same is hereby disposed of for lack of pecuniary jurisdiction of this Forum.

The complaint petition along with relevant documents filed by the complainant be returned to the complainant with the liberty to file the case before the proper Forum.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.