Date of Filling : 16/01/2006 Date of Order : 31/01/2006
Order No.2, dated 31/01/2006.
The Ld. Agent for the Complainant is present by filing hazira.
Today is fixed for hearing on the point of admission of the complaint.
The Complainant has mentioned in his complaint that he purchased two cars from the O.Ps and registered the said cars as Taxi and received back the excise duty rebate for the first car from the authority, but could not get the return of the excise duty from the second car as per 2nd, due to such negligent conduct of the O.Ps. So the Complainant has filed his complaint against them, seeking reliefs.
The Complainant has produced a money receipt dated 13/02/2004 and a delivery challan dated 13/02/2004 in respect of the second car, but it is not mentioned anywhere in the said documents that he purchased those vehicle for using the same as Taxi and or condition that the O.Ps shall send the necessary parts to the authority for getting refund of the excise duty rebate. It is only seen from those papers, that the O.Ps sold the vehicle to the Complainant on receipt of the personal loan.
Although, consideration of the said documents proved by the Complainant. I find no existence of any default as delivered u/v 2 (1) (f) of the C.P. Act, 1986 misguided of the said vehicle or any deficiency u/s 2 ( 1) (g) of the said Act, caused by the O.Ps, demitly against the Complainant.
Moreover, I am of the opinion, that this District Consumer Forum has no jurisdiction to entertain the present complaint, as the O.Ps are not residing or they have no branch office within the jurisdiction of this Forum and also the cause of action has not arose within the normal limit of this Forum, as laid down u/s II (2) of the C.P. Act, 1986.
Therefore, the present complaint dated 16/01/2006 is not admitted u/s 12 of the C.P. Act, 1986.
