PHOTO SPEED COMPANY vs TARAK CHANDRA SARMA

PETITIONER was the opposite party in a complaint filed by the respondent-complainant in the District Forum, Kamrup, Guwahati. PETITIONER being resident of Bangalore objected to jurisdiction of District Forum, Kamrup, Guwahati. Complainant sent by registered post on 24.1.1996 with the request to process the films and send the processed and mounted slides by VPP. Since he did not receive the material from the petitioner-opposite party for two months, he filed complaint in the District Forum complaining deficiency in service by the petitioner. District Forum held that it had no jurisdiction in the matter as cause of action had not arisen within its jurisdiction. It, therefore, dismissed the complaint. Respondent-complainant then took the matter to the Assam State Consumer Disputes Redressal Commission which by impugned order reversed the order of the District Forum holding District Forum had jurisdiction in the matter. The State Commission went further into the merits of the case and gave an award of Rs. 40,000/- and Rs. 10,000/- as costs in favour of the complainant.

NOW, it is the petitioner which is aggrieved. We do not think much argument is needed to hold that District Forum at Kamrup had no jurisdiction in the matter. A mere posting of a letter cannot call for jurisdiction at a place where the letter is posted. State Commission was, therefore, not correct in its jurisdiction. Revision Petition is allowed. Impugned order of the State Commission is set aside and the complaint is dismissed with cost amounting to Rs. 2,000/-. Revision Petition allowed.