CC Filed on 14.12.2011
Disposed on 24.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 24th day of December 2011
PRESENT:
HONORABLE T. RAJASHEKHARAIAH, President.
HONORABLE T.NAGARAJA, Member.
HONORABLE K.G.SHANTALA, Member.
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Consumer Complaint No. 225/2011
Between:
Smt. Anupama Vaidya, W/o. K.S. Srinivasa Murthy, Major, M.G. Road, Srinivasapura, Kolar District – 563 135. (By Advocate Sri. V.S. Ramesh & others) | ….Complainant |
V/S 1. The General Manager, Medinova Diagnostic Services Ltd., No.55, Infantry Road, Bangalore – 560 001. 2. The Manager, Medinova Diagnostic Services Ltd., 6-3-652, “Kautilya”, 3rd Floor, Somajiguda, Hyderabad – 500 082. | ….Opposite Parties |
ORDER REGARDING ADMISSION
The complainant contents that he had secured a membership deposit receipt bearing No. 02576 dated 04.02.1999 from the Medinova Diagnostic Service Limited and the Opposite Parties has issued membership deposit receipt to the complainant. As per the terms and conditions, the Opposite Parties have to refund the amount relating to the said deposits. The complainant repeatedly requested the Opposite Parties to refund the said amount, but they have not done so. Hence this complaint is filed for directing the Opposite Parties to repay the amount payable under that deposit.
2. The complaint was heard on the question on admission.
3. The question that arises for consideration is:
Point No.1: Whether there is sufficient cause to proceed
with the complaint?
Point No.2: To what order?
4. Our findings to this point is as hereunder
1. Negative
2. As per final order.
R E A S O N S
5. Point No.1 and 2: In our opinion there is no sufficient cause to proceed with the complaint for the following reasons:
The cause of action for this complaint does not arise within the jurisdiction of this Forum. The Opposite Parties are residing at Bangalore and Hyderabad, the membership receipts are said to have been issued by Medinova Diagnostic Services Limited, Hyderabad. No part of the cause of action is alleged to have been arisen within the jurisdiction of this Forum. Merely because the complainant is residing within the jurisdiction of this Forum, the cause of action does not arise within the jurisdiction of this Forum. Hence we hold that this Forum has no jurisdiction. When that is so, no useful purpose will be served by proceeding with the complaint. Hence the complaint is liable to be dismissed at the stage of admission. Hence we pass the following:
O R D E R
It is held that this Forum has no jurisdiction to try this complaint, hence the complaint is dismissed at the stage of admission.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 24th day of December 2011.
T. NAGARAJA K.G.SHANTALA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
