BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  :  MEMBER

I.A. No. 11/2017

in

C.C. No. 54/2012

ORDER DATED: 31.07.2017

Petitioner/Opposite Party:

Managing Director, Hyundai Motor India Ltd., 5^th & 6^th Floor, Corporate One (Baani Building), Plot No. 5, Commercial Centre, Jasola, New Delhi-110 076.

                               (By Adv. Fatima. S)                       

Counter Petitioner/Complainant:

Hariharan. N, 24/278-1, Harsha, Sasthakoil Road, Thycaud, Thiruvananthapuram-14.

ORDER

This I.A filed by opposite party to hear the question of maintainability as preliminary issue on the ground that there is no territorial jurisdiction for this complaint.  The opposite party is Hyundai Motors India Ltd., New Delhi, the alleged incident was at Thrichy and service was alleged to be done at Pondicherry.  In that circumstances this complaint is not maintainable before this Forum.  Complainant filed objection stating that the incidence took place enroute from Chennai to Trivandrum and not at Trichy.  Further it took place twice on consecutive days for the same reason viz water in fuel causing hardship, monetary loss and inability to reach Trivandrum as planned.  As the journey was to Trivandrum and ended in Trivandrum after irresponsible repairs being carried out and charging without rhyme or reason, inordinately delayed and drained of money, the complaint is maintainable at Trivandrum CDRF.

Heard.  Sec. 11 (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction

1. the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business, or has a branch office or] personally works for gain; or
2. any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office, or personally works for gain.

PROVIDED that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

3. the cause of action, wholly or in part, arises.

Hence we are of the opinion that opposite party is not within the jurisdiction of this Forum. Number of cars plying in the city will not tantamount to carrying of business and no cause of action aroused within the territorial jurisdiction of this Forum.  Hence we are of the opinion that I.A is allowed and complaint is dismissed for lack of jurisdiction. 

In the result, I.A allowed and complaint dismissed for lack of jurisdiction.        

         Sd/-

P.SUDHIR                             : PRESIDENT

         Sd/-

R. SATHI                               : MEMBER

          Sd/-

LIJU B. NAIR                        : MEMBER

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