| Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No. 34/2018 ORDER DATED 21st DAY OF JULY, 2018 | | Sri. O.U. Subramani, Aged 53 years, S/o.Sri Oddachettira Uthappa, Kadandalu Village, Somwarpet Taluk, Kodagu District. (Sri.G.R. Ravishankar,Advocate) | -Complainant | V/s | The Managing Director, Bridgestone India Private Ltd., 12, CVR Building, Next to Lalbagh Double Road Gate, Bangalore-560 027. | -Opponent | Nature of complaint | Defective Goods | Date of filing of complaint | 14/05/2018 | Date of Issue notice | - | Date of order | 21/07/2018 | Duration of proceeding | 2 months 7 days |
SRI. C.V. MARGOOR,PRESIDENT ORDER ON ADMISSION OF COMPLAINT - This complaint is filed by Mr. O.U. Subramani, resident of Kadandalu Village, Somwarpet Taluk, Kodagu District with a prayer directing the opponent to replace the Audi car tyre which is sized 235/55 R17 bearing serial no.6C6BN3M5115. Further prayed to award compensation of Rs.1,00,000/- from the opponent and Rs.25,000/- towards mental agony and hardship due to the deficiency in service by opponent.
- The complainant owns coffee and pepper plantation at Kadandalu Village, Somwarpet Taluk. Further the complainant is having Audi car bearing registration No. KA 03 MZ 5262. The said car is fitted with bridge stone tyres manufactured by the opponent.
- That on 04/12/2017 at 8 a.m. the complainant started his journey in the said car from Kadandalu Village to Bangalore. Around at 1 p.m the complainant has reached Chennarayapattana where all of a sudden the front left tyre which is sized 235/55 R17 bearing above serial number got burst and ran for about 100 meters. As a result the car of the complainant was damaged. The complainant has traveled from Chennarayapattna to Bangalore in another hired car. The accident took place as the tyre manufactured by the opponent is of sub standard. The complainant has complained the matter to the opponent through e-mail, but the opponent gave untenable reply dated 18/12/2017. Hence this complaint.
- We heard the arguments advanced by the learned counsel appearing for the complainant.
- The complainant is claiming replacement of tyre from the opponent along with compensation of Rs.1,25,000/- on various heads. The tyre got burst at Chennarayapattna within the limits of Hassan District. The complainant is residing at Bangalore since he sent mail by giving his residential address of Bangalore. Therefore, the opponent has given reply on 18/12/2017 to the Bangalore address of complainant.
- Section 11(2) of the Consumer Protection Act, 1986 provides the place of filing complaint where the opponent resides or carries business for gain. The complainant can file complaint if the opponent is having branch office where he works for gain. Clause (c) sub clause(2) of section 11 of the Act provides that the complaint shall be instituted in a District Forum where the cause of action wholly or in part arises. The complainant has given the address of opponent at Bangalore. It shows that the opponent is carrying on business for gain at Bangalore. The complainant has purchased alleged tyre and further made correspondence with the opponent where he is carrying on business at Bangalore. The complainant has not mentioned in the complaint that the opponent is having branch office within the limits of Kodagu District. Thirdly the cause of action has arisen within the limits of Hassan District that is near Chennarayapattana.
- The learned counsel for the complainant vehemently argued that starting journey from Kadandalu Village is part of cause of action to file complaint before the Kodagu District Forum. The complainant is claiming relief in respect of tyre which got burst near Chennarayapattana town. Starting journey from Kadandalu Village not amounts to part of cause of action to file this complaint. Therefore, this District Forum is not having territorial jurisdiction to admit the complaint since the opponent is residing at Bengalore and cause of action has arisen within the limits of Hassan District. Therefore, we proceed to pass the following;
O R D E R - The complaint filed by Mr. O.U. Subramani is dismissed holding that this Forum is not having territorial jurisdiction to admit it.
- Return the documents either to the complainant or his learned counsel.
- Furnish copy of order to the complainant at free of cost.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 21stday of JULY, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |
