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CC- 13/2019

ORDER AT THE STAGE OF ADMISSION

1. This complaint filed by Sri. Sabu Kuttam K.K s/o. Krishnappa aged 50 years, resident of Arji Village, Virajpet Taluk, Kodagu District to direct the opponent SSR Motors Authorised Center and Service for Pioggio Vehicles Pvt. Ltd., Mysuru to repair the damaged vehicle within 10 days, award compensation of Rs.20,000/- and cost of this proceedings a sum of Rs.10,000/-.

2. The complainant being the owner of Ape city passenger vehicle bearing registration No.KA12 B 6384.  The vehicle belonging to the complainant has met with an accident on 24/10/2018 and suffered damages.  The complainant has left the vehicle in the workshop of opponent on 30/10/2018 for repairs.  The opponent has not attended repairs inspite of lapse of three months even on receipt of an advance amount of Rs.10,000/-.  Lastly the complainant has caused legal notice on the opponent dated 09/01/2019 calling upon him to attend the repairs.  No response from the opponent inspite of the service of notice.  Hence this complaint.

3. On 16/03/2019 the complainant took time to hear on the point of territorial jurisdiction.  But on 23/03/2019 the complainant was remained absent hence, case posted for orders on admission of the complaint.

4. On perusal of the documents, they reveal that the complainant is the owner of vehicle which met with accident within the limits of Virajpet Police Station on 24/10/2018 at 2.15 p.m.  The complainant is not
5.  

CC- 13/2019

seeking compensation from Insurance Company, on the contrary prayed to direct the opponent to repair his damaged vehicle.The complainant has left the vehicle for repairs at the workshop of opponent situated at Mysuru.The opponent has no branch office within the limits of Kodagu District.

5. Section 11 of the Consumer Protection Act, 1986 deals with jurisdiction of the District Forum.  Sub-Section (2) of Section 11 says that the complaint is maintainable where the opponent actually and voluntarily resides or carries on business or has a branch office or personally works for gain.  Further it says that the cause of action, wholly or in part arises.  The opponent is carrying on its business at Mysuru where the complainant left the damaged vehicle for repairs.  No cause of action either wholly or in part has arisen within the limits of this Forum in connection with the reliefs sought for.  Therefore, this Forum is not having jurisdiction to admit the complaint consequently, it is liable to be dismissed.  For the above reasons, we proceed to pass the following;

O R D E R

1. The complaint filed by Sri. Sabu Kuttan K.K. s/o. Krishna resident of Arji Village is dismissed for want of territorial jurisdiction.
2. Return all the documents to the complainant.

CC- 13/2019

3. Furnish copy of order to the complainant at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 30^thday of MARCH, 2019)

                                                     (C.V. MARGOOR)

                                                          PRESIDENT 

                                                    (M.C. DEVAKUMAR)

                                                             MEMBER