| Complaint Case No. CC/11/2015 |
| | | | 1. Alok Agarwala | | S/o-Lt.Dwarika Prasad Agarwala, Vill-Ghatkali Road, P.O & P.S-Balurghat, Dist-Dakshin Dinajpur. | | Dakshin Dinajpur | | west bengal |
| ...........Complainant(s) | |
| Versus | | 1. The Laxican Motors, Authorised Dealer of TATA Motors, N.H 34, P.O. Mangalbari, Dist. Malda, Pin 732142 | | The Laxican Motors, Authorized Dealer of TATA Motors N.H-34,Naldubi, P.O-Mangalbari, Dist-Malda,(W.B) Pin-732142. | | Dakshin Dinajpur | | wst bengal | | 2. 24x7,On Road Assistance Program of TATA Motors Marketing and consumer support, Passenger Car Business Unit, One Forbes, 5th Floor, Dr.V.B. Gandhi Marg, Fort, Mumbai, Pin-400023,Ph(022)66158400,Fax6615 | | 24x7,On Road Assistance Program of TATA Motors Marketing and consumer support, Passenger Car Business Unit, One Forbes, 5th Floor, Dr.V.B. Gandhi Marg, Fort, Mumbai, Pin-400023,Ph(022)66158400,Fax6615 | | 3. TATA Motors, Passenger Car Business Unit, KD-3 Car Plant, Sec.15 & 15A PCNTDA,Chikkhali, Pune, Pin-410501. | | TATA Motors, Passenger Car Business Unit, KD-3 Car Plant, Sec.15 & 15A PCNTDA,Chikkhali, Pune, Pin-410501. |
| ............Opp.Party(s) |
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| ORDER | Consumer Complaint No. 11/2015 Order No.2 Dated : 6.2.2015 Hazira is filed by the Ld. Lawyer on behalf of the complainant. This case is taken up for hearing on the point of admission. Hd. Ld. Counsel. Considered. Ld. Counsel submitted before us that this Forum has got ample jurisdiction to entertain the instant petition of complaint as the complainant resides within the jurisdiction of this Forum. Before passing this order we have carefully perused the petition of complaint and the other materials on record. On perusal of the same we find that the complainant has prayed for relief against the OP No.1, whose place of business is located within the district of Malda, by stating that he purchased a TATA INDIGO MANZA Q. JET90 AURA from the OP No.1, who is authorized dealer of Tata Motors, under the scheme 24x7 on Road Assistance Programme introduced by Tata Motors. On 29.9.2014 the said vehicle broke down at Ganpatganj within district of Supal, Bihar, while the vehicle was going towards Nepal. He informed the authorised persons of Tata Motors with a request to repair the damaged vehicle as per terms & conditions of the scheme 24x7. But no positive action was taken on their behalf. Hence, the case was filed. It is well settled that where the complainant was resident of Ferozepur and pesticides was purchased from Mukatsar; District Forum Ferozepur had no jurisdiction and the District Forum Mukatsar had jurisdiction to entertain the complaint (vide III (1999) CPJ at page 623). Considering these aspects and with regard to the above decision we are inclined to hold that this Forum has got no territorial jurisdiction to entertain the instant petition of complaint and as such, the same is not admitted. Consequently, the instant petition of complaint be returned to the filing Lawyer on proper receipt for presentation of the same before competent redressal Forum. Let plain copy of this order be furnished to the parties forthwith free of cost. ……Sd/-..…… ………Sd/-…….. (S. Saha) (P. K. Chakraborty) Member President - Date when free copy was issued ……………………
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