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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