(1.) This appeal is by the complainant against order of District Forum, Jalandhar dated December 10, 1996 whereby the complaint was dismissed on the ground of lack of territorial jurisdiction.
(2.) The complainant Kapoor Farms of Kapoor Cold Storage got machinery for the cold-storage supplied from the opposite party - M/s. Krishana Fabricators, New Delhi. The machinery was supplied in the months of June, September and November, 1992 vide separate bills amounting to Rs.57,200/- for each bill. It was installed in December, 1992 and the cold-storage was commissioned in January, 1994. Immediately, thereafter defects were found in the functioning of the machinery that the complaints were made to the opposite party for removal of the same. It was ultimately on February 7,1995 the complaint was filed before the District Forum, Jalandhar. Reply was filed to the complaint by the opposite party taking up the plea of lack of territorial jurisdiction apart from some other pleas on merits. One of such matters was as to whether the order for purchasing the goods was placed through M/s. Kohli Sales Corporation, Jalandhar City. An application for impleading M/s. Kohli Sales Corporation was also filed which remained not pressed, as stated in the impugned order. However, for the purposes of deciding this appeal, it is immaterial.
(3.) In para 8 of the complaint, it is specifically mentioned that the opposite party had declined to replace the defective machinery on the ground that period of guarantee had expired. In the reply filed in the corresponding para No.8, it is mentioned that the complainant was claiming replacement after expiry of period of guarantee.