Date of filing  :     06-05-2011

                                                                            Date of order  :    04-07-2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                   I.A. 152/2011 in CC. 110/2011

                                         Dated this, the   4^th   day of  July   2011

PRESENT

SRI.K.T.SIDHIQ                                              : PRESIDENT

SMT.P.RAMADEVI                                       : MEMBER

SMT. K.G.BEENA                                         : MEMBER

The Manager,

Gulf Internation Link,

Man Power consultants, Nakashtra Building,     }  Applicant/Opposite party

Karshaka Road, Near South Over Bridge,

Kochi-682016.

(Adv. A.N. Ashok Kumar, Kasaragod)

K.K.Sukumaran,

R/at Punnakal, Karivedakam Village,                   } Respondent/.Complainant

Po.Shankarampady,

Kasaragod Taluk & District.

(Adv. Raveendran.B, Kasaragod)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

         This is an Interlocutory Application filed by the applicant/opposite party seeking an interim order regarding the maintainability of the complaint before the Forum for want of territorial jurisdiction.

2.         The complaint is one claiming compensation from the opposite party who is a travel agent having  office  in Ernakulam District.  The learned counsel for opposite party Sr.A.N. Ashok Kumar argued that the opposite party has no branch office in Kasaragod District and they are not carries on business within the territorial limits  of the Forum and  no cause of action either whole or in part arose within the territorial limits of this Forum.

3.         On the other hand the learned counsel for complainant Sri.B. Raveendran tried to maintain that the opposite party is having agents in Kasaragod District and their agents come and stay in lodges and accepts money and travel documents from the customers.

4.         But complainant  could not able to produce any document to show that opposite party agents and they are collecting  money and documents from Kasaragod District.  Further as against the pleading in the complaint the complainant during enquiry has submitted that the opposite party has no branch office within the territorial limits of this forum.

5.         On an over all consideration of the above aspects we are of the view that it is inappropriate to proceed with this complaint due to lack of territorial jurisdiction. Hence the IA is allowed.   Therefore the complaint is returned to the complainant for filing before the appropriate Forum having jurisdiction.  If the complainant chooses to file it before the appropriate  Forum he can do so according to law and in such case he can claim the benefit of Sec. 14 of the Limitation Act to exclude the period spent in prosecuting proceedings before this Forum while computing the period of Limitation prescribed for filing  such complaint as per law.   

     Sd/-                                                         Sd/-                                       Sd/-

MEMBER                                                       MEMBER                               PRESIDENT

Pj/                                                                                            Forwarded by Order

                                                                                     SENIOR SUPERINTENDENT