Present:         AR Sharma Counsel for Complainant

Matter is fixed for arguments at the stage of admission, inter alia on the ground that neither complainant is residing within the jurisdiction of this Commission nor OPs and the complaint has been filed through Attorney, who is  stated to be residing within the jurisdiction of this Commission.  Law with respect to jurisdiction is well settled.  According to Section 34 which is related to Jurisdiction of District Commission as follows:   

Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:

Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit. (2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,-

(a) the opposite party or each of the opposite parties, where there are more than one, at      the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain, or

(b) any of the opposite parties, where there are more than one, at the time of the        institution of the complaint, actually and voluntarily resides, or carries on        business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(c) the cause of action, wholly or in part, arises, or

(d) the complainant resides or personally works for gain.

If the complaint is allowed to be admitted on the basis of the residence of the Attorney, than it would not only amount to Forum-shopping but would also lead to absurdity and anyone can file any matter, in any part of the country, thereby reducing the judgment of Hon’ble Supreme Court to nullity by executing a power of attorney.  It has to be borne in mind that Attorney has no cause of action of its own and he only works for and on behalf of the executant of attorney, to facilitate the execution  for certain valid reasons.  He only is a facilator cannot be equalized upon the complainant.  He does not do anything in his own name.    

Therefore, in view of the facts narrated here-in-above the complaint case cannot be instituted within the jurisdiction where only the Attorney is residing.  Complaint case is therefore ordered to be returned to the complainant.  Copy of the complainant is ordered to be retained and original file with documents be returned to the complainant. 

Retained copy/file be consigned to Record Room.