At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
By, THE HONOURABLE SHRI. JUSTICE K.R. UDAYABHANU PRESIDENT
For the Appellant : G. Gopinathan Nair, Advocate. For the Respondent : ----
JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT
The Revision Petitioner is the complainant in CC No. 56/2009 in the file of CDRF, Thrissur. The Revision Petition is filed over the order in IA 925/2010 dismissing the complaint on the ground that the Forum has no jurisdiction.
The Forum has held that the respondent/opposite party is doing business in Vaikom in Kottaym District and is a resident at Kottayam District and that no part of cause of action has arisen at Thrissur.
According to the complainant the amounts for the home nurse’s service was paid at Thrissur and the home nurse left his house. The above facts are disputed by the opposite parties. As per Section 11(2)(c) a Form wherein cause of action wholly or in part has arisen has got jurisdiction. Hence we find the above matter as to whether part of cause of action has arisen at Thrissur is a matter of evidence. Hence dismissal of the complaint only based on the averments of the opposite party is not proper. Hence the order of the Forum is set aside.
The Forum has directed to consider the entire matter and dispose of the complaint on merits.
The case stands posted before
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the Forum on 28-07-2011. The office is directed to forward the LCR to the Forum along with a copy of this order urgently.