BEFORE THE HYDERABAD

F.A.No.525 OF 2008 AGAINST C.C.No.66 OF 2007 DISTRICT FORUM-II, AT TIRUPATHI

Between:

M/s Kusalava Finance Ltd.,
Rep. by its Manager Sri K.Koteswara Rao

D.No.40-1-10, Labbipet, M.G.Road,
Vijayawada
       

A N D

1.                         Netaji Road, Tirupathi, Chittor District

                                                       2.                  3.           

4.    

5.           

(Respondent Nos.3 to 5 are working at
 N.R.Auto Consultants, D.No.13/6/616/13/16
P.K.Layout, tirupathi

Counsel for the Appellant            

Counsel for the Respondents        

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

.

MONDAY, THE TWENTY FOURTH DAY OF JANUARY,

TWO THOUSAND ELEVAN

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                       1.     `83,000/- on hypothecation agreement with the opposite party no.1 for the finance to an extent of`50,000/-.   `7000/- towards full and final settlement of his loan account was dishonored for insufficient funds in his account.  

2.    `1,07,850/- to SM Cars, Chennai and the opposite parties instead of a sum of`92,000/- and as such he had demanded for the refund of excess amount besides for furnishing of no objection certificate and on failure of the opposite party to meet his demand, he had issued notice dated 27.3.2007 alleging deficiency in service on their part. 

3.     

4.     Vijayawada 

5.     

6.    `211/- with interest @ 9% per annum against the opposite party no.1 and directed it to issue no objection certificate besides`500/- towards costs.

7.    

8.    

9.         

10.   

       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(2)  

(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. 

11.    

Therefore, any question relating to the jurisdiction aspect pales into insignificance particularly in relation to the opposite party no.2 as the cause of action or part of cause of action would confer jurisdiction on the District Forum. 

12.    `50,000/- and got the complainant entered the hypothecation agreement with it and collected documentation charges, interest and commission as also penal interest on delayed payment of installments.     

        `2,000/-. 

KMK*