By G. Yadunadhan, President:

 

            The petition was filed on 13-10-2010. The case of the complainant is that the complainant had joined in a chit numbered C/98 as per account No. K.K./1755, Division No. SLZ for an amount of Rs.1,15,000/-. He had joined the chit on 20-6-2007 by paying an amount of Rs.2875/-. Complainant had paid 34 instalment at the rate of Rs.2875/- each till 19-4-2010 in the chit. Complainant had paid a total amount of Rs.97,750/-. It matured on the 15^th day of October 2010. The first opposite party had a branch office in Calicut located in Noor Complex, Mavoor Road, Kozhikode and the complainant had remitted the entire amount in the chit in this branch office of the opposite party in Calicut. When the complainant went to this branch office in the month of May 2010. He found the office closed. The complainant then contacted the second opposite party he told the complainant that the office has been closed for renovation and he could remit the chit amount in the month of June 2010. When the complainant went to the office in the month of June 2010 he found the office closed. When the complainant enquired with the Manager of the Noor Complex he told the complainant that the opposite party had closed this office at Calicut in the month of May itself and had taken back the deposit remitted by them with the owner of the building. The complainant now believes that the opposite party is not ready and willing to pay the chit amount to him. The complainant is an auto driver. Due to the different actions of the opposite party complainant had lost a huge amount. Therefore complainant is seeking relief against the opposite parties to pay the chit amount along with 12% interest and also with compensation of Rs.2000/-.

 

            Opposite parties-1 and 2 notice served not appeared before this Forum. Opposite party-3 notice not served. Opposite party-1 and 2 at Palakkad and the Head Office also situated in Palakkad. Opposite party-3 the complaint itself disclosed that left the place in the month of June 2010. The complaint was filed on 12-10-2010.

 

Issues for consideration (1) Whether this Forum has any territorial jurisdiction regarding this matter? (2) If so what is the relief and cost?

 

Complaint itself shows thatthe opposite parties-1 and 2 are  residing at Palakkad. The Head office also is situated at Palakkad. Opposite party-3 left from Kozhikode and shifted to Palakkad. That was very well known to the complainant himself. It was suppressed by the complainant. He could have filed the complaint before the appropriate Forum having jurisdiction but he failed to submit before the proper Forum. Since the Head Office and the Branch Office situated at Palakkad, this Forum has no territorial jurisdiction to proceed with this case here. Hence complaint is liable to be dismissed for want of jurisdiction.

 

Pronounced in the open court this the 16^th day of November 2011

Date of filing:13.10.2010.

 

 

SD/-PRESIDENT                    SD/-MEMBER             SD/-MEMBER

 

//True copy//

 

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT