Karnataka

Mysore

CC/122/2021

MANIK PANDA - Complainant(s)

Versus

TVS MOTOR PVT LTD - Opp.Party(s)

03 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION MYSURU
No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara,
Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023
 
Complaint Case No. CC/122/2021
( Date of Filing : 09 Jun 2021 )
 
1. MANIK PANDA
VILL PO JANKA PS KHEJURI DIST PURBA MEDINIPUR
MEDINIPUR EAST
WEST BENGAL
2. MAITY MOTORS
BARATALA KHEJURI PURBA MEDINIPUR WEST BENGAL 721431
MEDINIPUR EAST
WEST BENGAL
...........Complainant(s)
Versus
1. TVS MOTOR PVT LTD
POST BOX NO. 1, BYATHAHALLI VILLAGE, KADAKOLA POST MYSORE 571 311
MYSURU
KARNATAKA
2. MAITY MOTORS
BARATALA KHEJURI PURBA MEDINIPUR WEST BENGAL 721431
MEDINIPUR EAST
WEST BENGAL
3. TVS CREDIT SERVICES LTD
TVS CREDIT SERVICES LIMITED JAYALAKSHMI ESTATES 29 HADDOWS ROAD NUNGAMBAKKAM CHENNAI 600006
CHENNAI
TAMIL NADU
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. B.NARAYANAPPA PRESIDENT
 HON'BLE MRS. LALITHA.M.K. MEMBER
 HON'BLE MR. M.C.Devakumar MEMBER
 
PRESENT:
 
Dated : 03 Sep 2021
Final Order / Judgement

Complainant called out absent.  This complaint is set down to hear on admissibility.  It is pertinent to note that this is a  online complaint filed by the complainant contending that he is the resident of West Bengal and the opposite party company also situated at Purba Medinipur, West Bengal.  It is alleged in the complaint that the complainant had purchased a bike RTR 160 Apache FD SPL on 12.02.2019 from opposite party company i.e., Maity Motors, Purba Medinipur.  For having purchased the said motor bike the complainant has produced money receipt dated 12.02.2019.  It is further alleged in the complaint that registration of the said bike should be done within 3 months.  But even after one year of purchase of said bike the opposite party motors not get it registered in his name.  Thereafter the show room and the finance company assured him that they will arrange for registration, but they not done so and finally they told that they cannot register the bike in his name.  Therefore this complaint is filed for getting registered the bike in his name.

     From the complaint averments and documents produced by the complainant prima-facie it is clear that the complainant is the resident of West Bengal and the opposite party Motors  also carrying on their business in Khejuri, Purba Medinipur, West Bengal.  Therefore the complainant ought to have filed this complaint within the territorial jurisdiction of West Bengal where the complainant resides or within the territorial jurisdiction of Purba Medinipur, West Bengal, where the opposite party Motors carrying on its business, but the complainant without doing so has filed this complaint online before this Commission which has no jurisdiction to entertain the complaint filed by the complainant.   Hence, the same is liable to be dismissed at the threshold, as not maintainable since this Commission gets no jurisdiction to try the complaint of the complainant.  Hence, complaint of the complainant is dismissed as not maintainable.

 
 
[HON'BLE MR. B.NARAYANAPPA]
PRESIDENT
 
 
[HON'BLE MRS. LALITHA.M.K.]
MEMBER
 
 
[HON'BLE MR. M.C.Devakumar]
MEMBER
 

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