Delhi

StateCommission

A/315/2015

RAVINDER - Complainant(s)

Versus

ABSOLUTE MOTORS - Opp.Party(s)

28 Jul 2015

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                   Date of Decision: 28.07.2015

First Appeal No. 315/2015

(Arising out of the order dated 17.03.2015 passed in complaint case No. 91/2015 by the District Consumer Disputes Redressal Forum, M-Block, Ist Floor, Vikas Bhawan, I.P.Estate, New Delhi-110002)

In the matter of:

RAVINDER

H.No. 134, Sultanpur Extn.

New Delhi-110030                                                 Appellant

 

Versus

ABSOLUTE MOTORS

385 D, Mahipalpur Extn.,

Main Mahipalpur Crossing

New Delhi-110037                                                 Respondent

                                                                  

          CORAM

 

SH N P KAUSHIK                               -                      Member (Judicial)

SH. S.C. JAIN                                    -                      Member

 

1.         Whether reporters of local newspaper be allowed to see the judgment? Yes

2.         To be referred to the reporter or not? Yes

 

N P KAUSHIK– MEMBER (JUDICIAL)

 

JUDGEMENT

            Heard on admission.

            Admitted.

            Appellant has impugned the orders dt. 17.03.2015 passed by the Ld. District Forum-VI. The same is reproduced below:

       “Heard.

Perusal of case reveals that OP has an address of Mahipalpur Crossing and as such is not within the territorial jurisdiction of this Forum. Complaint is dismissed with liberty to file fresh complaint in appropriate Forum. File consigned to R/R.”

 

            Contention of the counsel for the appellant is that in other several cases Ld. District Forum had admitted the complaints irrespective of the territorial jurisdiction in which the OP ordinarily resided or worked for gain. The appellant has referred to the cases of the Complaint Case Nos. 147/2015 and 148/2015 titled as Ravinder Kumar Aggarwal vs. M/s TATA AIG Life Insurance Company Ltd. and Mukul Aggarwal Vs. M/s TATA AIG Life Insurance Company Ltd. respectively.

            In view of the issue raised by the AR for the appellant, matter is remanded to the Ld. District Forum-VI with the directions to decide the question of admission of the complaint on the basis of the Judgment in the case of Mahesh Ramnath vs. Secretary-cum-Commissioner Transport Govt. of NCT of Delhi and Ors. decided by this Commission in First Appeal No. 216/2012 on 25.05.2012.  Ld. District Forum-VI may also refer to any other case law relevant for adjudication upon the question of territorial jurisdiction. Appellant is accordingly directed to appear before the District Forum-VI on 12.08.2015. Appeal is accordingly disposed of.

            Copy of this order be sent to the District Forum concerned.

            Copy of the order be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.

            FDR, if any, deposited by the appellant be released as per rules.

(N P KAUSHIK)

MEMBER (JUDICIAL)

 

 

(S C JAIN)

MEMBER