Heard learned counsel for both the sides.
2. 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.
3. The brief case of complainant is that the complainant is a member of a Chit fund organized and managed by Ops. In course of business transaction the complainant took the membership for monthly subscription of Rs.4000/- for fifty months, total value of the chit is Rs.2,00,000/- for which he has paid 23 instalments. It is alleged inter-alia that he is also member of another chit fund for a monthly subscription of Rs.10,000/- for fifty months with the value of chit Rs.5,00,000/-. It is stated that the agent of the OP used to collect the instalments of the chits and the concerned agent gives endorsement on the receipt of instalments and in the pass of the complainant. Complainant has already subscribed 39 instalments for 48 instalments , the complainant participated in the auction wherein he has auctioned the chit of Rs.5,00,000/- giving a dividend of Rs.83,000/- . Thus, the complainant is entitled to get back Rs.4,17,000/-. But the payment was not made to the complainant for a longer time inspite of demand by the complainant.
4. The OP filed written version and denied all the averments made in the complaint petition and prayed to dismiss the complaint as not maintainable.
5. After hearing both the parties, learned District Forum passed the following order:-
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“ The petition of the complainant is allowed on contest against the Ops with cost. The Ops are directed to refund the sum of Rs.1,22,000/- (Rupees one lakh twenty two thousand) with 12 % interest from the due date of payment till its final payment alongwith a cost of Rs.3000/-(Rupees three thousand) within one month from the date of receipt of this order.
A copy of this judgment be sent to the Collector,Rayagada for initiating necessary preosecution against the Ops/ his agent who were floating the chit funds business in the restricted area without any legal permission from any authority.
The Ops are directed to comply the order within the time stipulated and if not complied the complainant is at liberty to proceed against the Ops for realization of the same by invoking the provisions U/S-25 & 27 of the C.P.Act.”
6. 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 concerned District Forum lacks jurisdiction to entertain such complaint because name of the office of the OP is situated within the jurisdiction of District Forum,Rayagada and no part of cause of action arose at Rayagada. He cited the decision of M/s. Sonic Surgical-Vrs- National Insurance Co.Ltd.,2010 AIR-SCW 298, Civil Appeal No.1560 of 2004 disposed of on 20.10.2009.Therefore he submitted to set-aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that there is collection of the amount at Rayagada and part of cause of action arose at Rayagada. Therefore, he submitted to confirm the impugned order.
8. Considered the submission of learned counsel for respective parties, perused the DFR and impugned order.
9. The only question is to decide in this case whether the complaint is barred by Section-11 of the Act. It is admitted fact that OP have no branch office at Rayagada. The only plea taken by the complainant that the agent of the OP is to collect and to deposit same. The complainant has not filed any document to show the recovery of the money from his at Rayagada. It is reported in M/s. Sonic Surgical (Supra) that the expression in Section-17 of the Act that the branch where the cause of action has arisen. Here, the complainant has not at all adduced evidence towards collection of the amount on behalf of the appellant. When the prove of cause of action or part of cause of action has not been proved by the complainant that admittedly the OP belongs to Vizac and the fact that there is no branch office of the OP at the place alleged, we constrained to observe that the learned District Forum has not paid attention to this aspect. Be that as it may, learned District Forum lacks jurisdiction when the complaint is not maintainable. We required to go for merit of the case discussed. Hence, the impugned order having not discussed all the aspects and lacks jurisdiction, the appeal stands dismissed. 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.
