ORDER

Per Sh. RakeshKapoor, President

In the case of A.B.C.Leminart V/s A.P. Agencies (1989) 2 SCC 163 , the Hob’ble Supreme Court had held that any clause which ouses the jurisdiction of all the courts having jurisdiction and conferring jurisdiction on a court nor otherwise having jurisdiction would be invalid. The court further held that the paries cannot buy an agreemen confrs jurisdiction on a court which does not have jurisdiction.   It also held that only where two orn more courts having jurisdiction to try a suite or proceeding an agreement that the disputes shall be tried in one of such courts is not contrary to public policy.  It held that the ouster of jurisdiction of some courts is permissible so long as the court on which exclusive jurisdiction is conferred have jurisdiction. 

    In the case before us,the complainants had booked a residential flat with the Ops to there project “krish city II situated at village papukara Tehsil Tijara District Alward(Rajasthan), the complainant ion their complaint have alleged that this forum has jurisdiction to try this complaint as the registered office of OP1 is situated in Delhi.  The OP, however, has taken refuge ehiand clause no. 27 of the agreement sighned between the parties which reads as under:-

“ that the court having original jurisdiction in the tehsil of Tejara /

Alwar alone shall have the jurisdiction in all matters relating to o r arising out of this transaction”

      It has been contendd on behalf of the OP that in viw of the above ouster clause in the agreement sighned between the parites, the parites had agreed to limit the jurisdiction  of the courts  in Tejara / Alwar in respect f any matter arising out of the contract signed between the parites. It has been contended that the courts/ forum in Delhi has no jurisdiction to entertain and try with the present complaint.

      We have considered the contention of the OP  and have also gone through a no. of judgments on this point  .  we are in agreement with the learnbed counsel for the OP and we hold that since claue 27 of the agreement clearly ouse tnhe jurisidition of any other court excepts the courts at Tejara / Alwar , this forum which has also the trappings of a Court  has no jurisdiction to entertain and try this complaint. Consequently, we order that the complaint be returned to the complainants for its presentation before any other court/ forum of competent jurisdiction.  With these observations, the complaint is disposed of.

Copy of the order be made available to the parites.

Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

    Announced in open sitting of the Forum on.....................