YAKUB MOHAMMED MUKARDAMWALA Vs. K.S. SASHKUMAR
LAWS(GUJCDRC)-2012-3-5
GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 09,2012

Appellant
VERSUS
Respondents

JUDGEMENT

S .A. Makhija, Member - (1.) This complaint is filed under the provisions of the Consumer Pro­tection Act, 1986 (hereinafter referred to as the Act for the sake of brevity).
(2.) THE short facts of the complainant's case are that the complainant had invested about Rs.75,00,000 in Suphala Plantations of the op­ponents who have their registered office at XL iv/62, Aroma Cottage, SRM Road, Cochin -7682018. The details of investment in Mangium Land Scheme, are given in the complaint. This scheme was in regard to purchase of a unit in immovable property for plantation situated in village Kuppanapur, Taluk Kovilpatti, Dist. Tuticorin, Tamil Nadu. The notices have been issued on the opponents but most of them have not been served. In this case the Mangium shares units in the immovable property are issued from Cochin where the opponents have their registered of­fice. The opponent company does not have any branch in Gujarat. The units relate to immov­able property situated in the State of Tamil Nadu, The complainant had received the cer­tificate at Ankleshwar, Gujarat. In the case of Ritu Bhuwania versus Vatsa Corporation Ltd. Honourable National Commission has held that when no part of cause of action arose within jurisdiction of respective Fora, the complaint is not maintainable and that the receipt of shares at particular place does not give rise to cause of action. In this case with which we are concerned the complainants units have been issued from Cochin and they are issued in respect of trans­fer of interest in immovable property for plan­tation of trees in the State of Tamil Nadu. Mere receipt of the certificates in Gujarat will not confer by territorial jurisdiction on Gujarat CDRC. This Commission therefore lacks in ter­ritorial jurisdiction to entertain this complaint as the opponent company has even no branch in the State of Gujarat.
(3.) HAVING thus regard to the facts and cir­cumstances of the case we pass the following order. ORDER: The complaint is returned to the complain­ant for presentation before the forum of the competent jurisdiction. Parties shall bear their own cost. ;


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