AVNIBEN NIKHILKUMAR SHAH Vs. KHAITAN HOSTOMBE SPINELS LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated September 16, 1993 passed by the District Consumer Disputes Redressal Forum, Surendranagar (District Forum for short) dismissing the appellant's complaint being Complaint No.879 of 1992.

(2.) Facts leading to this appeal briefly stated are as follows:-

(3.) The District Forum has, by its impugned judgment and order taken a view to the effect that it had no jurisdiction to entertain the. appellants' complaint. In the view of the District Forum, the appellants should have filed complaint before the Forum which had jurisdiction over the company. According to the District Forum, the company was not running its business within its jurisdiction nor was it having a branch office within its jurisdiction. The District Forum further held that no part of cause of action had arisen within its jurisdiction. Therefore/according to the District Forum, it had no jurisdiction to entertain the appellants' complaint. In this view of the matter, it dismissed the appellants' complaint with no order as to costs.