| First Appeal No. A/1365/2013 | | ( Date of Filing : 07 Sep 2013 ) | | (Arisen out of Order Dated 31/07/2013 in Case No. CC/2351/2012 of District Bangalore 1st & Rural Additional) |
| | | | 1. Rajendra Prasad Reddy | | Proprietor, Raja Agencies, No. 3/153-4-3-4, Room No. 516, Hospital Road, Near RTC Bus Stand, Madanapalli, Chittoor Dist. A.P. Also R/at: Rajesndra Prasad Reddy, C/o. Naveen Reddy, R/at apartment No. 402, 6/11, Vijay Icon Apartments, Hosur Road, Hebbagodi Village, Electronic City Post, Anekal Tq., | | Bangalore 560100 |
| ...........Appellant(s) | |
| Versus | | 1. The Branch Manager, First Flight Courier | | Ltd., Munnekolala Extension, Opp: Innovative Multiplex Theatre, (Marathahalli), Bangalore 560037 . | | 2. The Manager, First Flight Courier Ltd. | | R.H.O. A-104, Premium House, Near Gandhi Gram, Railway Station, Ashram Road, Ahmedabad 300049 . | | 3. The Manager, First Flight Courier Ltd. | | Head Office: Door No. 15-16, National House, Chandivalli Junction, Sakivihar Road, Saki Nika, Andheri East, Mumbai 72 . |
| ...........Respondent(s) |
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| Final Order / Judgement | BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH) DATED THIS THE 12th DAY OF AUGUST 2022 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER APPEAL NO. 1365/2013 Rajendra Prasad Reddy, Major, Proprietor, Raja Agencies, Door No.3/153-4-3-4, Room No.516, Hospital Road, Near R.T.C. Bus Stand, Madanapalli, Chittoor District, A.P. Also residing at Rajendra Prasad Reddy, C/o Naveen Reddy, (Son of the complainant), Residing at Apartment No.403, 6/11, Vijay Icon Apartments, Hosur Road, Hebbagodi Village, Electronic City Post, Anekal Taluk, Bangalore 560 100. (By Sri S.R. Srinivasa Murthy) | ……Appellant/s |
V/s 1. | The Branch Manager, First Flight Courier Ltd., Munnekolala Extension, Opp. Innovative Multiplex Theatre, (Marathhalli) Bangalore 560 037. | ..…Respondent/s | 2. | The Manager, First Flight Courier Ltd., R.H.O. A-104, Premium House, Near Gandhi Gram, Railway Station, Ashram Road, Ahmedabad 300 049. | | 3. | The Manager, First Flight Courier Ltd., Head Office, Door No.15-16, National House, Chandivalli Junction, Sakivihar Road, Saki Nika, Andheri East, Mumbai – 72. (By Sri G.H. Nagaraj) | |
ORDER MR. RAVISHANKAR, JUDICIAL MEMBER 1. The appellant/complainant has preferred this appeal being aggrieved by the Order dt.31.07.2013 passed in CC.No.2351/2012 on the file of 1st Additional District Consumer Disputes Redressal Commission, Bangalore. 2. The brief facts of the case are as hereunder; It is the case of the complainant that he booked certain consignment at Ahmedabad which supposed to be transmitted to Madanapalli, Chottoor District, Andhra Pradesh address as shown in the consignment. The said consignment was not received at Madanapalli, hence, alleging deficiency in service the complainant filed a complaint before the District Commission. After trial, the District Commission dismissed the complaint stating that there is no territorial jurisdiction to entertain the complaint. 3. Aggrieved by the said order, the appellant/ complainant is in appeal. Heard the arguments. 4. On going through the memorandum of appeal, certified copy of the order of the District Commission, we noticed here that the appellant initially had filed a complaint before the Chittoor District Commission vide Complaint No.109/2009 which was withdrawn by the complainant with respect to the jurisdiction point. After withdrawal, the complainant had filed a complaint before the District Commission at Bangalore on 03.12.2012. The District Commission dismissed the complaint as the complaint was filed after a lapse of 2 years 9 months 8 days and assigned a reason that the complainant has not provided any valid reasons for not filing the complaint well within time. Ofcourse the complainant had not explained the delay in not filing the complaint before this Commission after lapse of 2 years 9 months 8 days. We noticed here that the complainant had filed a complaint before the District Commission at Chittoor on 2009 itself, but, even after withdrawal he has not chosen to file a complaint well within time. Hence, the District Commission has rightly dismissed the complaint as barred by time which is just and proper. We found that there is no any illegality or irregularity in the order passed by the District Commission, accordingly, no interference is required. Hence, the following; ORDER The appeal is dismissed. Forward free copies to both parties. Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* | |
