DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 20^th day of March, 2023.                                                                                             

                            Filed on:  20/02/2023

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member Smt.Sreevidhia.T.N                                                              Member

C.C No.130/2023

COMPLAINANT

P. Vasudevan, 197/B, Aksharam, Byelane -4, Devi Nagar, Chalakudy West, PIN 680307

Vs.

OPPOSITE PARTY

“Babyhug”, Brainbees Solutions Pvt. Ltd., BH190, “Swarnam Land Mark”, 21/224G, Chalakudy East.

F I N A L   O R D E R

D.B. Binu, President:

This complaint is filed by Mr.P.Vasudevan alleging deficiency of service and unfair trade practice against the opposite party which was taken on file on 22.02.2023.

Arguments on the admission of the complaint were heard. Before proceeding further, it is worthwhile to reproduce Section 34 (1) of The Consumer Protection Act, 2019.

34. Jurisdiction of District Commission (1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:

 Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.

 (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,

 (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or

 (b) 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 the permission of the District Commission is given; or

(c) the cause of action, wholly or in part, arises; or

(d) the complainant resides or personally works for gain.

Admittedly the complainant and the opposite party do not reside and carry on business or personally work for gain within the territorial jurisdiction of this Commission. Cause of action neither partly nor wholly arose within the territorial jurisdiction of this Commission. The opposite party has its shop at Chalakkudy West, Trichur District which falls in the territorial jurisdiction of the District Consumer Commission Trichur. Hence this Commission does not have territorial jurisdiction to entertain and try the complaint.

The Commission found that there is no territorial jurisdiction for this Commission to entertain this consumer complaint. The complaint is returned to the complainant for presentation before District Consumer Commission Trichur, having territorial jurisdiction.

Dictated to the Confidential Assistant Smt K.P. Liji transcribed and typed by her corrected by me and pronounced in the Open Commission dated this 20^th day of March, 2023.

Sd/-

                                                                             D.B.Binu, President

                                                                                         Sd/-

                                                                             V. Ramachandran, Member

                                                                                         Sd/-

Sreevidhia.T.N, Member         

Forwarded/by Order

Assistant Registrar

Despatch date:

By hand:     By post                                                  

kp/

CC No. 130/2023

Order Date: 20/03/2023