| BEFORE THE BENGALURU RURAL AND URBAN I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM , I FLOOR, BMTC, B BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHI NAGAR, BENGALURU-27 | | PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT | | SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER |
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| Complaint Case No. CC/1193/2016 | | ( Date of Filing : 01 Sep 2016 ) |
| | | | 1. Sri.Santosh.R, | | Aged about 26 years, S/o.Rajappa, Residing at No.109. Sollapuradamma Layout, Thigalarapalya, Penya II stage, Bengaluru-58. Mobile No.8105544383 |
| ...........Complainant(s) | |
| Versus | | 1. 1.The Managing Director, Tata Motors Finance Ltd., | | Having its registered office at 10th floor, 106A and B, Maker, Chambers-III, Nariman Point, Mumbai-21. | | 2. 2.The Associate Vice President-Office of the Customer, | | I-Think Techno Campus Building-A, 2nd floor, OFF.Pokhran Road-2, Thane west-61. | | 3. 3.VIN AUTO, | | Bheemasamudra Road, Chitradurga Town, Karnataka state. | | 4. 4.National Insurance Co.Ltd., | | Tata PCBU Departments of motor Tie-Up Business, Royal Insurance Building, 2nd floor, 14th, J.Tata Road, Churchgate, Mumbai-38. Maharastra. | | 5. 5.M/s.Classic Motors (BLR), | | No.1, 2nd A cross, 2nd block, G.G.Palya, Yeshwanthapur, Bengaluru-02 |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B., PRESIDENT | | | HON'BLE MR. SURESH.D., B.Com., LL.B. MEMBER | |
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| For the Complainant: | | For the Opp. Party: | |
| Dated : 12 Apr 2018 |
| Final Order / Judgement | This case has come up for orders on merit. O.P No.1 to 4 are represented by their advocate and O.P.No.5 is placed exparte. Evidence of the complainant has been recorded in the case. Whereas, the O.P have not adduced their evidence and arguments. As per the complaint, the complainant residing in Bengaluru, whereas, his driving license shows that he is resident of House No.56/1 Bettakadur, Chennagiri Taluk, Davanagere District. This is a case wherein the complainant has sought compensation of Rs.2,55,156/- against the O.ps on various headings. The main contention is that he purchased TATA Indica V2 XL car for running it as a Taxi to ake his livelihood from the 3rd O.P who is the official dealer of O.P.No.1 and 2 who are the manufacturers residing in Bombay whereas O.P.No.3 is carrying on his business in Chithradurga of Karnataka State. O.P.No.4 who is the insurance company having its head office at Bombay Maharastra and insurance documents shows that he had obtained insurance from the branch office at Davanagere. O.P.No.5 is the owner of the garage wherein, this complainant after an accident to his vehicle got it repaired and when he demanded to pay the repair charges, the complainant requested O.P.No.4 to pay the amount of repairs for which they refuse to do it on the ground that they have not received the policy premium amount from O.P.No.3 and when he contacted O.P.No.3, he admitted his mistake and assured him to rectify the same. When these facts are taken into consideration, no cause of action has taken place within the jurisdiction of this Forum. Only he has got repaired his vehicle, which when considered with the claim of the complainant, it do not form the cause of action to take action in this regard by this Forum. Hence, this Forum has no jurisdiction to decide the case. Hence we proceed to pass the following:- ORDER Complaint is ordered to be returned to the complainant to present the same before the concerned/appropriate jurisdictional Forum. | |
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| | | [HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B.,] | PRESIDENT
| | | | [HON'BLE MR. SURESH.D., B.Com., LL.B.] | MEMBER
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