LAWS(NCD)-2006-2-7

MANOJ KUMAR MALTO Vs. D S INDUSTRIES RANCHI

Decided On February 07, 2006
MANOJ KUMAR MALTO Appellant
V/S
D S INDUSTRIES RANCHI Respondents

JUDGEMENT

(1.) IN this revision, challenge is to the order dated 28. 11. 2005 of State Consumer Disputes Redressal Commission Jharkhand, Ranchi allowing appeal against the order dated 9. 3. 2005 of a District Forum on ground of District Forum at Sahebganj not having territorial jurisdiction to decide complaint.

(2.) UNDISPUTEDLY, petitioner/complainant had purchased 'tempo Trax' from respondent No. 1/ O. P. No. 1 through respondent No. 2/ O. P. No. 2 on 22. 5. 2003. Complaint was filed seeking replacement thereof, on ground of its being defective before the District Forum, Sahebganj. It is not in dispute that Tempo Trax was purchased by the petitioner at Dumka, delivery thereof was taken at Dumka and Insurance also taken for initial period of one year at Dumka. In support of the contention that District Forum at Sahebganj has the territorial jurisdiction, Mr. Manish Mohan Advocate for petitioner invites our attention to Clause No. 9 of the advertisement appearing in the issue dated 20. 2. 2003 of Hindustan Newspaper at page 16a. Clause 9 notices that application form could be obtained from any of the branches at Ranchi/hazaribagh/daltanganj/chaibasa/devghar/dumka/sahebgaj during working hours. In our view, if the Tempo was purchased and delivery thereof taken at Dumka and insurance cover also purchased for one year at Dumka, the District Forum at Sahebganj could not assume territorial jurisdiction to decide complaint merely on ground of application forms being sold at Sahebganj amongst other places. There is no illegality or jurisdictional error in the order passed by State Commission warranting interference in revisional jurisdiction under Section 21 (b) of the Consumer Protection Act, 1986. Accordingly, revision petition is dismissed. Revision Petition dismissed.