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