Orissa

Nuapada

CC/18/2014

Atul Dholakia - Complainant(s)

Versus

Vikrant Pattnaik(AGM- Service) G K Motercorp Pvt. Ltd. - Opp.Party(s)

In Person

05 May 2015

ORDER

                                                  Atul Dholakia, aged 52 years,

Ward No.12, Ganesh Nagar,

Khariar Road Dist:- Nuapada,

Odisha.     ..  ..  ..  ..         Complainant.                     

                                          Vrs.

       Vikrant Pattnaik(AGM-Service)

       G.K.Motercorp Pvt. Ltd.

       NG-06.Ring Road-1,

       Vill-Sarona, Raipur,

       Chhattisgarh-492001         … Opp. Parties.

 

            P R E S E N T S.

1. Mr. Krishna Kumar Tripathy....President,

2. Mrs. TapaswiniPanda....Member,

3. Mr. Binod BihariMishra....Member.

    

             A P P E A R A N C E.

                        For the Complainant :-       Self 

                        For the Opp.Party  :- Mr. M.D.Panda & Associates

 

                        Date  of  Order        :- 05/05/2015

 

                             J U D G M E N T.

The Complainant in this case is the owner of a Car Ford Fiesta bearing  Regd. No. OR-26-1111 and sent his to G.K.Motocrop pvt Ltd, Raipur for showroom servicing and minor repairing of engine head and other repairing as the car required of  some other parts, company has no stock and assured me to provide the parts within 15 days normally it takes time due to it will be brought from Bangalore. The OP G.K.Motocrop has not supplied the parts in time through I have requested him several times. After almost 2^1/2 months the company delivered the car. When I took the car for trail, I found some defect in steering, particularly to repair the same, I had to spare the whole day by cancelling all business deals and appointment. Then the complainant brought his car with the entire satisfaction of A.G.M service.

                             When I brought my car. The tyre was punctured on the way, to change the tyre, need a dicky to open for step-in .The company never trace out the defect at the time of delivery. Due to  defects at the  time of delivery and delay in delivery  more than two months the complainant mentioned in his petition he suffered a lot by spending money in repairing and hire a car(private) on those days for the treatment of family members speciallyl his handicapped daughter and movement for business stopped. For that, the complainant has filed this case against the OP prayed for a claim relief of Rs. 9,25,000 (Rupees Nine Lakhs Twenty Five Thousand) only. The Case is instituted in this Forum which is not within the territorial Jurisdiction as sec 11(a) of Consumer Protection Act 1986 says the opposite party or each of the opposite parties, where there are more than one at the time of the institution of complaint of the Complainant the OP actually and voluntarily resides or carries on business or has a branch office or personally works for gain within the Jurisdiction of the Forum.

Hence this case is dismissed in this Forum  lack of Jurisdiction.

Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 5th day of May 2015.