State Consumer Disputes Redressal Commission
Dadarao Bhedre vs Mukund Prakashan on 11 July, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
First Appeal No. A/08/360
(Arisen out
of Order Dated 11.04.2008 in Case No. CC/08/40 of Addl. District Forum, Nagpur)
DADARAO BHEDRE
PARSHIVANI DIST. NAGPUR
Versus
MUKUND PRAKASHAN
ASHIRWAD APARTMENTS
LOHAR OLI, CHENDANI
THANE (W)
400 601
BEFORE:
HON'BLE P.N.KASHALKAR PRESIDING
MEMBER
HON'BLE SMT.JAYSHREE YENGAL MEMBER
HON'BLE N.
ARUMUGAM MEMBER
PRESENT:
Mr Dadarao Bhedre in person
......for the Appellant
Adv. Mr S B Solat
......for the Respondent
ORDER
Per Mr P N Kashalkar, Honble Presiding Judicial Member This is an appeal filed by the original complainant whose complaint was returned to him on the ground of jurisdiction, by the Addl. District Consumer Forum, Nagpur by passing an order dtd.11.04.2008 in consumer complaint No. CC/08/40.
Facts to the extent material may be stated as under:-
1.
The complainant / appellant had filed consumer complaint against the o.p. / respondent Mukund Prakashan, Thane. Complainant claimed that he was appearing for LLB 3rd year and he wanted for his study a Copyright Act. He purchased a book of Hindu Succession Act, published by the o.p. Mukund Prakashan from Nagpur Law House. In that book at Pg.68 some other books alongwith its prices were listed, which were allegedly published by the same publication. In the said list there was mention of Copyright Act book costing Rs.80/-. He therefore, sent Rs.85/- alongwith postage expenses of Rs.45/- by Money Order to the o.p. Mukund Prakashan, Thane. However, the book was not sent by the respondent. Therefore, he claimed that he could not appear for said subject paper and as such he lost one educational year and therefore, he filed the consumer complaint, claiming damages.
2. O.p. filed Written Statement and pleaded that the complaint is not tenable in law since a cause of action did not occur within the jurisdiction of Addl. District Consumer Forum, Nagpur. He also pleaded that the complainant is not a consumer in as much as after receipt of money order of Rs.125/- from the complainant he informed him that the said book was not available and he was ready to give any other book of the same value or he was ready to refund the amount. Accordingly, he refunded the amount of Rs.125/- by sending Money Order dtd.30.12.2008 but to extract money from him, the complainant did not accept the money and therefore, o.p. pleaded that complainant should be dismissed.
3. The Forum below in its two pages order observed that the complainant had purchased a book of Hindu Succession Act from Nagpur Law House and complaint should have been filed in District Consumer Forum, Nagpur and not in Addl. District Consumer Forum, Nagpur. Hence, it was pleased to return the complaint for filing it in other court. Against this order the original complainant filed this appeal.
4. We heard the appellant / complainant in person and Adv. Mr S B Solat for the respondent / o.p. and perused the record.
5. We are finding that the consumer complaint can be filed at a place where cause of action has arisen or at a place where the respondent / o.p. resides or carries on business. In the instant case, though the complainant is resident of Parshivani, Dist. Nagpur, he has filed consumer complaint against the respondent Mukund Prakashan, Thane in Addl. District Consumer Forum, Nagpur.
The cause of action according to the respondent occurred at Thane, because he has sent money order of Rs.125/- at the address of respondent at Thane. Respondent received the Money Order at Thane. Respondent was supposed to send the book of Copyright Act, if available, on the address of appellant at Parshivani, Dist. Nagpur. So cause of action had arisen not at Nagpur but at Thane, where the Money Order was sent for purchasing the said book by the appellant. That apart, since the respondent is resident of Thane where he is carrying his business of selling & publication of books, we are of the view that that Addl. District Consumer Forum had no jurisdiction to entertain and try the same complaint and the Forum below has rightly returned the complaint for filing it before appropriate court. The complainant should have filed the consumer complaint at Thane only. He committed grave error of law in filing the consumer complaint in Addl. District Consumer Forum, Nagpur.
So ultimately, the order, returning the complaint, passed by the Forum is appearing to be just and proper and we find no substance in appeal preferred by the original complainant.
Hence, we pass the following order:-
ORDER
1. Appeal stands dismissed.
2. No order as to cost.
3. Copies of this order be supplied to the parties.
Pronounced on 11.07.2011.
[ HON'BLE P.N.KASHALKAR] PRESIDING MEMBER [ HON'BLE SMT.JAYSHREE YENGAL] MEMBER [ HON'BLE N. ARUMUGAM] MEMBER sj