BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.254/2012

Dated this the 10^th day of September 2012.

 

            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)

                             Smt. Jayasree Kallat, M.A.                                        : Member

                             Sri. L. Jyothikumar, B.A., LLB.                                  : Member

 

Malabar Gold Pvt.Ltd, 3^rd Floor, Malabar Gate , Ram Mohan Road, } Complainant

Kozhikode-673 004.                                                                                    }

(Rep.by Advs.Manjeri.S.Sunderraj, Sanjev Marakkath and

 Ms.Surya Binoy)

M/s.Marikar Engineers Pvt. Ltd, Rep.by its Managing Director,           }

Prosche Center, Kochi,33/2401-A, N.H.47,Bypass Road,                   } Opposite party.

Thammanam.Po, Chakkaraparambil,Cochin-682032.                       }

 

ORDER

By G. Yadunadhan, President:

 

            The petition was filed on 13-6-12. The case of the complainant is that the complainant had booked a Porsche Cayenne Diesel Vehicle for its Director from the opposite party/ dealer from their Porsche centre, Kochi vide Commission number 800502 in the month of July 2011. Complainant paid an advance amount of Rs.5,00,000/- at the time of booking itself. Complainant happened to purchase the vehicle on the basis of the specific assurance given by the opposite party that the vehicle would be delivered to the complainant in the month of November 2011 itself. The opposite party did not deliver the vehicle as promised to the complainant within the time promised. The vehicle is not so far delivered to him in spite of several requests. Since the opposite party has  not delivered the vehicle to the complainant, his lawyer called upon and demanded opposite party to cancel the booking agreement and to refund the advance amount of Rs.5,00,000/- along with compensation of Rs.5,00,000/-. The opposite party was also called upon to pay a sum of Rs.25,000/- being the notice charge.   Therefore complainant seeking relief against opposite party to direct them to return the advance amount of Rs.5,00,000/- with interest @ 18% per annum and to pay compensation of Rs.10,00,000/- along with cost Rs.25000/-

            Original complaint is posted for hearing on maintainability. Since the opposite party carries business at Cochin, no branch office at Kozhikode. All the dealings are taken place at Cochin only. Complainant failed to furnish the address of branch office at Kozhikode. Actually all the transactions carried are at Cochin itself. It is seen from the complaint itself. So complainant is at liberty to file the case before proper Forum. Time taken for conducting the case from here is excluded under Section-5 of Limitation Act. Under these circumstances complaint is liable to be dismissed for lack of territorial jurisdiction.

Pronounced in the open court this the 10^th   day of September 2012.

Date of filing:13.06.2012.

 

            SD/-PRESIDENT                    SD/-MEMBER                        SD/-MEMBER

//True copy//

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT