Date of Filing: 15.07.2020
Date of Order: 24.07.2020
BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.
Dated: 24th DAY OF JULY 2020
PRESENT
SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., …… PRESIDENT
SRI. B.M. NAGARAJA, B.A., LLB., ….. MEMBER
CONSUMER COMPLAINT NO. 21 OF 2020
Sri. Munegowda,
S/o. Thammanna,
Aged About 46 Years,
R/at: Kallur Village,
Sugatur Hobli,
Kolar Taluk & District. …. COMPLAINANT.
(Rep. by Sri. P.N. Krishnareddy, Advocate)
- V/s –
Senior Marketing Officer,
M/s. Unisem Agritech Private Limited,
No.29, New No.2, 7th Main, 21st Cross,
CHBCS Layout, Vijayanagara,
BANGALORE-560040. …. OPPOSITE PARTY.
ORDER ON MAINTAINABILITY
BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT
01. The complainant has filed this complaint Under Section 12 of the Consumer Protection Act, 1986 and prays to direct the OP to pay loss of Rs.2,12,736/-, cost of expenditure of Rs.2,00,000/- with interest @ 12% per annum and Rs.50,000/- towards mental agony and costs.
02. The brief facts of the complainant case is that, the complainant has filed this complaint on 15.07.2020. That the complainant is the permanent resident of Kallur Village, Sugatur Hobli, Kolar Taluk and he is an agriculturist having land bearing Sy. No.107/3 to an extent of 32 gunta and used to grow commercial crops in it. During the month of August-2019, the complainant purchased Tomato seeds of 5000 plants from OP and planted the same in the said alleged land by providing different types of manure and fertilizers and spent money in that regard. And due to low quality of the seeds supplied by the OP the complainant could not get good yield and undergone loss of crop and filed this complaint before this Forum.
03. The counsel for the complainant has addressed argument that this Forum has got jurisdiction to entertain the complaint. We perused the complaint and the documents produced by the complainant.
04. Now it is relevant to reproduce Section 11 of the Consumer Protection Act, 1986:-
11. Jurisdiction of the District Forum.
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
05. On perusal of the said provision of law and the complaint filed by the complainant with respect to territorial jurisdiction it clearly revealed that, the complainant has purchased the Tomato seeds from OP at Bangalore. The complainant further contended that, the agency of the OP Company has visited the complainant’s farm and provided the seeds, but in that regard the complainant has not produced any document to that effect and part of cause of action also does not arise. Further mere correspondence cannot determine the jurisdiction. The above said contention taken by the complainant with respect to jurisdiction are all goes in vain.
06. The actual place of cause of action arise at Bangalore where the complainant has purchased the Tomato seeds from the OP at Bangalore.
07. Hence as discussed above, the District Consumer Disputes Redressal Forum, Kolar, has no territorial jurisdiction to entertain the complaint as contemplated Under Section 11(2)(a) to (c) of the Consumer Protection Act, 1986 and accordingly we proceed to pass the following:-
ORDER
01. The complaint filed by the complainant is not maintainable before this Forum for want of territorial jurisdiction.
02. Office is directed to return the complaint with documents to the complainant to approach before the competent jurisdictional Forum.
03. Office is also directed to keep one set of the complaint along with documents.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 24th DAY OF JULY 2020)
MEMBER PRESIDENT
