STATE BANK OF TRAVANCORE Vs. V C VIJAYAN NAIR SOLE PROP M/S PARVATHY TRADING CO
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
STATE BANK OF TRAVANCORE
V C Vijayan Nair Sole Prop M/S Parvathy Trading Co
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S.R.KHANZODE,PRESIDING JUDICIAL MEMBER -
(1.)THIS appeal takes an exception to an order dated 19.4.2005 against appellants/original opponent Nos.3 and 4, viz. State Bank of Travancore and its Manager at Irinjalakuda Branch, Trichur District, Kerala.
(2.)THE alleged deficiency in service is in respect of delay in honouring the bank guarantee, which was invoked by the complainant's bank, viz. opponent No.l Federal Bank Ltd. which was given in a transaction between complainant Mr. V.C. Vijayam Nair and his purchaser of goods i.e. original opponent No.6 Mr. M.S.Gopalkrishnan to whom he made the supplies. The bank guarantee is sought to be invoked on the basis of failure of the buyer to honour the payment conditions. It is submitted at Bar that the bank guarantee was invoked on 18.5.2004, which ought to have been honoured immediately within 2 -3 days but it was not invoked accordingly and, therefore, there is deficiency in service.
(3.)THERE is one more aspect about permission required to be taken of the forum since the parties are neither residing or carryon business at the place which is outside the jurisdiction of the forum i.e. territorial jurisdiction with relevant to provisions of Section 11(2)(b) of Consumer Protection Act, 1986 (Hereinafter referred as 'Act' for brevity).
Both the parties are heard covering all these aspects. Admittedly, appellants/opponent Nos.3 and 4 as per their address mentioned in the complaint as per title mentioned before the forum they are both from the State of Kerala and, thus, falling outside the territorial jurisdiction of the forum. In view of the abovereferred provisions, complaint against them cannot be entertained without the permission of the District Forum. Under the circumstances, entertaining the consumer complaint as against them is, perse, without jurisdiction and, thus, impugned order as against them gets vitiated.
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