C.C. No.: 1 /2016

Order  No. 3

Dt. 21.1.2016

The case is taken up for admission. Perused the complaint. Heard the Ld. Lawyer for the complainant who submits that the complainant purchased a mobile phone of Micromax through online and after receiving the said mobile phone some defects arose and the service centre provided the service to the complainant. On the basis of the said fact that the Ld. Lawyer submits that since cause of action arose within the jurisdiction of this Forum, therefore, it is fit case to issue notice upon the OPs.

On perusal of the petition as well as documents annexed with the complaint it appears that the deal was made with a firm situated in New Delhi and delivery was made through courier and the service centre i.e. OP No. 2 had no role to play in the said deal. As per section 11 of CP Act, no cause of action arose within jurisdiction of this Forum. Moreover, the status of OP No.2 does not fall within provision u/s 2(q) of the CP Act. In view of the said fact that we do not find that this Forum has any jurisdiction to entertain this case. Accordingly, the complaint is rejected with the observation to re-file the same in proper Forum.