Kerala

Kozhikode

CC/56/2012

KESAVANKUTTY MADATHIL - Complainant(s)

Versus

THE MANAGER, CANARA BANK - Opp.Party(s)

08 May 2014

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
CIVIL STATION, KOZHIKODE
 
Complaint Case No. CC/56/2012
 
1. KESAVANKUTTY MADATHIL
THEERTHAM, NEAR VGHS, ANICODE, CHITTOOR 678101, PALAKAD.
 
BEFORE: 
 HONOURABLE MR. G Yadunadhan, BA.,LLB., PRESIDENT
 HONOURABLE MR. L Jyothikumar, LLB., Member
 HON'BLE MRS. BEENA JOSEPH MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.56/2012

Dated this the 8th day of May 2014.

 

            ( Present:  Sri. G. Yadunadhan, B.A., LLB.                                 :  President)                     

                             Sri. L. Jyothikumar, B.A., LLB.                                   :  Member

                             Smt.Beena Joseph, M.A                                              : Member

 

ORDER

By G.Yadunadhan, President:

            The case of the complainant is that complainant had deposited some funds in Foreign Currency with Canara Bank, Vythiri Branch, Kerala. The deposits was maintained and sent for renewal during early January 2011, after ascertaining the prevailing interest rates,  the renewed receipts were received and while observed the receipt had not put the matured value of respective deposits, it came by post.  According to the complainant  it is a case of deficiency of service on the part of opposite party No.1.

            Opposite party No.1 & 2 after serving notice entered in appearance and filed their version, stating that this forum has no jurisdiction to entertain this complaint, since the opposite party carries business out of the jurisdiction of this Fora.  Hence case is liable to be dismissed.  While the case posted for  evidence opposite party raised the contention again.    Hence heard both parties and Fora convinced that the actual course of action arose and all documents produced by the complainant those were issued by the Canara Bank branch Vythiri, Wayanad.  The whole transaction took place within the jurisdiction of the Wayanad Fora. Therefore on perusal of documents and receipts issued by the opposite party shown the jurisdiction clearly.  Under this circumstances this Fora  has no territorial jurisdiction over this matter and since this Forum has lack of jurisdiction on this point. Complaint dismissed due to lack of territorial jurisdiction upon this matter.  Complainant has a liability to  approach  proper Fora , the time taken to conduct the case  here shall be excluded for the purpose of limitation Under Article 14 of Limitation Act.

 

Pronounced in the open court this the 8th day of May 2014.

Date of filing:07.02.2012.

 

                 SD/-PRESIDENT                      SD/-MEMBER                 SD/-  MEMBER

//True copy//

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT

 

 
 
[HONOURABLE MR. G Yadunadhan, BA.,LLB.,]
PRESIDENT
 
[HONOURABLE MR. L Jyothikumar, LLB.,]
Member
 
[HON'BLE MRS. BEENA JOSEPH]
MEMBER

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