Jharkhand

Purbi Singhbhum

CC/28/2009

Arun Kumar Das - Complainant(s)

Versus

T.V.S. Motor Co. Ltd. - Opp.Party(s)

Mr. S.K. Swain

22 Jan 2010

ORDER

Heading1
Heading2
 
Complaint Case No. CC/28/2009
( Date of Filing : 12 Mar 2009 )
 
1. Arun Kumar Das
R/o No-01 , B.P.O. Birsanagar , P.S Birsanagar , Jamshedpur
Purbi Singhbhum
Jharkhand
...........Complainant(s)
Versus
1. T.V.S. Motor Co. Ltd.
P.Box No-04 , Harita House , Tamilnadu
Tamilnadu
Tamilnadu
2. Shyam Motors
Lal Building , P.O & P.S. Gamharia , Dist . Saraikela - Kharsawan
Purbi Singhbhum
Jharkhand
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Mr. Ramanuj Narayan PRESIDENT
 HON'BLE MR. Mr. S.C . Mishra MEMBER
 
PRESENT:Mr. S.K. Swain , Advocate for the Complainant 1
 
Dated : 22 Jan 2010
Final Order / Judgement

       The complainant is present . the complainant was given last chance to be heard on the point of jurisdiction . The Op No-01 TVS Motor Co. Ltd. was heard on 21/01/10 on his petition dated 14/10/2009 in which he challenged the territorial jurisdiction of this Forum . Copy was served on the complainant on 09/11/2009 . The complainant did not file rejoinder to it . The complainant is absent even today . 

                  The complainant Arun Kumar Das had filed this complainant against Op No-01 TVS Motors of Tamilnadu (manufacturing company) and Op No-02 Shyam Motors , Lal Building , P.O & P.S. Gamharia, Dist. Saraikela – Kharsawan dealer of Op No-01 . According to this complainant the complainant purchased a motor cycle being TVS Star City VII for Rs 44,850 on 24/10/2007 and some defect was in the Motor cycle regarding starting trouble and Fuel Meter but the Op No -02 failed to rectify the defect , hence the complainant . 

                     The Op No-01 (manufacturing company ) is of Tamilnadu and the Op No-02 is situate in the district of Saraikela – Kharsawan and from which the complainat had purchased the vehicle . The complainant is resident of this district but this can not be aground for jurisdiction of this Forum . The Sec 11 of the Consumer Protection Act, 1986 is clear on the point and the complainant might have been filed in Tamilnadu or in the district  or in the district of Saraikela – Kharsawan where the Forum exists . Thus it is clear that this District Consumer Forum has got no territorual jurisdiction to entertain the complainant and this complainant is liable to be dismissed for absence of territorial jurisdiction  and accordingly this complainant is dismissed .

 
 
[HON'BLE MR. JUSTICE Mr. Ramanuj Narayan]
PRESIDENT
 
 
[HON'BLE MR. Mr. S.C . Mishra]
MEMBER
 

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