LAWS(NCD)-2020-7-65

J. ABHILASH KRISHNA Vs. COMPETITION REVIEW PVT LTD

Decided On July 13, 2020
J. Abhilash Krishna Appellant
V/S
Competition Review Pvt Ltd Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner J Abhilash Krishna challenging the order dated 15.06.2017 passed by the State Commission Karnataka (in short the State Commission) in appeal No. 1154 of 2017.

(2.) The brief facts of the case are that the petitioner complainant sent Rs.900/- to the respondent opposite party for annual subscription of the magazine Competition Success Review (CSR). This was sent in response to an advertisement that if a person buys one subscription, another subscription will be free. The complainant also sent Rs.200/- as delivery charges. The complainant also supplied the two addresses where the copies of CSR were to be sent. One of the addresses was of Bijapur and the other was of Pune. When the complainant did not receive any issue of CSR, then he contacted the opposite party and wrote letters to them but with no response. Aggrieved, the complainant filed a consumer complaint before the District Forum, Bijapur. When the notice was issued, the opposite party sent a letter to the District Forum that he was an 80-year-old person and was not able to attend the proceedings of the District Forum. It was also submitted in that letter that all disputes are subject to Delhi jurisdiction and will be decided by sole arbitrator to be appointed by the opposite party. The District Forum dismissed the complaint as not maintainable for want of territorial jurisdiction vide its order dated 21.04.2017. The complainant then preferred an appeal before the State Commission and State Commission dismissed the appeal vide it's order dated 15.06.2017.

(3.) Hence the present revision petition.