State Consumer Disputes Redressal Commission
Smt. Jyoti Budhwanni vs Terex Equipment Ltd on 3 May, 2019
Daily Order M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 2341 OF 2013 (Arising out of order dated 11.10.2013 passed in C.C.No.76/2013 by District Forum, Damoh SMT. JYOTI BUDHWANI. ... APPELLANT Versus TEREX EQUIPMENT PVT. LTD. & ANR. ... RESPONDENTS. BEFORE: HON'BLE SHRI JUSTICE SHANTANU S. KEMKAR : PRESIDENT
HON'BLE DR. MRS MONIKA MALIK : MEMBER O R D E R 03.05.2019 Shri V. K. Saxena, learned counsel for the appellant. Shri Tribhuvan Sharma, learned counsel for respondent no.1 and 2.
Shri Deepesh Shukla and Ms.Arushi Gaur, learned counsel for respondent no.3.
As per Shri Justice Shantanu S. Kemkar :
Feeling aggrieved by order dated 11.10.2013 passed by the District Consumer Disputes Redressal Forum, Damoh (for short the 'Forum') in C.C.No.76/2013 whereby the Forum has dismissed the complaint filed by the complainant holding it to be beyond its territorial jurisdiction, the complainant has filed this appeal.
2. Learned counsel for the appellant/complainant has argued that there was ample pleadings and documentary evidence available on record to show that the JCB machine purchased by the complainant from the opposite party no.2/respondent no.2. was delivered and used at Damoh. In the circumstances, he submits that the machine being used at Damoh and while using the same defects were detected at Damoh, part of cause of action accrued at Damoh. He submits that the District Forum has failed to consider that even if part of cause of action arises at Damoh, it had territorial jurisdiction to decide the complaint. In support of his contention learned counsel for the appellant placed reliance on Section 11(2)(c) of the Consumer Protection Act, 1986 (for short the 'Act').
3. On the other hand the learned counsel for the respondents supported the impugned order. According to them the Forum has rightly held that it has no territorial jurisdiction. They submit that the machinery was purchased from Bhopal it was manufactured at Mumbai and therefore, Forum at Damoh has no territorial jurisdiction to decide the complaint.
4. We have considered the rival contentions of learned counsel for parties and perused the record.
5. Having gone through documentary evidence available on record and the pleadings, it is clear that the delivery of JCB machine in question was made by the respondent no.2 to the appellant/complainant at Damoh. The JCB machine was used at Damoh and the alleged defects were detected at Damoh. In the circumstances, in view of Section 11(2)(c) of the Act the part of cause of action for filing complaint accrued at Damoh and as such the Forum has committed error in holding that it had no territorial jurisdiction.
6. As a result the appeal deserves to be and is hereby allowed. The matter is remanded to the Forum for deciding the complaint on merits in accordance with law after giving due opportunity to parties to lead evidence. The respondent no.3 to file reply before the Forum on the date of appearance as fixed.
7. The appeal is accordingly disposed of. Parties are directed to appear before the Forum on 24.06.2019.
(Justice Shantanu S. Kemkar) (Dr. Monika Malik) President Member Dubey