Heard the learned counsel for the appellant.

2.              None appears for the respondent.  

3.             This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.       

4.         The case of  the complainant in nutshell is that  the complainant had incurred loan from OP for a sum of Rs.1,65,000/- in 2006 on the condition to repay same in 15 installments. The complainant alleged that  she has paid 7 installments and 8 installments are yet to be payable. According to him, the vehicle met accident on 24.11.2006  and as such the instalments could not  be paid. However, the OP repossessed the vehicle without any notice. As the complainant  alleged that the terms and conditions have been violated, there is  deficiency in service on the part of the OP. Hence, the complaint.

5.           The OP filed written version stating that in accordance with the agreement dtd.17.01.2006 they have repossessed the vehicle for defaulting in payment of EMI.  They have no any deficiency in service on the part of the OP.

6.     Learned District Forum,after hearing both the parties passed the following order:-

        Xxx                        xxx                           xxx

 “ That, the complaint petition is allowed on contest without cost. The Ops are directed to pay compensation of Rs.2.00 lakhs to the complainant in order to retain the vehicle for all time to come. The order should be complied within 3 months from the date of this order. Parties are to bear their own cost all through. “

7.           Learned counsel for the appellant submitted that learned District Forum has committed error in law by not considering  the written version with proper perspectives. According to him the learned District Forum has no territorial jurisdiction to entertain the complaint because no part of cause of action arose at Dhenkanal. He further submitted  that as per the agreement, he repossessed the vehicle. So, he submitted to set-aside the impugned order by allowing the appeal.

8.            Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.

9.             It is admitted fact that the vehicle was financed by the OP. It is not in dispute that due to default in payment of EMI, the vehicle was repossessed by the OP. It is found from the agreement that the vehicle can be repossessed without any notice.

10.               The only issue arises whether the learned District Forum,Dhenkanal has got territorial jurisdiction.  In Soni Surgical-Vrs- National Insurance Company Ltd., Civil Appeal No.1560 of 2004 Hon’ble   Apex Court  held  about the territorial jurisdiction of the Consumer Forum. It is specifically held that learned District  Commission will decide  the case where the cause of action arose and the branch office or main office  of that OP-Company is situated. Therefore, it has to be observed  whether the learned District Forum,Dhenkanal has got territorial  jurisdiction.  It appears from the cause title all the Ops belongs to Mumbai, Bhubaneswar and Angul. It is also seen from the record that prior to 2004, the Angul District was created after being segregated  from  Dhenkanal District. It further reveals from the materials on record that repossession took place at Manguli Chhak,Cuttack. So, applying the ratio of  decision of Hon’ble Supreme Court, it is found that no  cause of action arose within  District Forum,Dhenkanal.  It is revealed from impugned order  that the complainant used  to pay EMI at branch office of OPs at  Dhenkanal but said office at  Dhenkanal is not  party to the case and payment of EMI at Dhenkanal being not related to repossession, no cause of action arose in Dhenkanal. Therefore, he has convinced that learned District Forum,Dhenkanal lacks territorial jurisdiction  to entertain the  complaint against Ops.  

         Hence, the impugned order is set-aside.

         Appeal stands allowed. No cost.

         Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission. 

        DFR be sent back forthwith.