NCDRC

NCDRC

TA/7/2014

PARVEZ MISHRA - Complainant(s)

Versus

DIRECTOR, MAHAGUN INDIA PVT. LTD. - Opp.Party(s)

IN PERSON

03 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
TRANSFER APPLICATION NO. 7 OF 2014
 
1. PARVEZ MISHRA
27-A POCKET F, MAYUR VIHAR PHASE-II,
DELHI - -110091
...........Appellants(s)
Versus 
1. DIRECTOR, MAHAGUN INDIA PVT. LTD.
CORETHUM TOWER-B/44, PLOT NO-41,SECTOR-62
NOIDA- 201301
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Appellant :IN PERSON
For the Respondent :

Dated : 03 Nov 2014
ORDER

By this application petitioner is seeking transfer of consumer complaint from District Consumer Forum Greater Noida to East Delhi District Consumer Forum, Saini Enclave, Delhi.  The petitioner has contended that the opposite party has a registered office at Delhi.  Therefore, the consumer forum at Delhi also has territorial jurisdiction to try the consumer complaint.  It is argued that the petitioner / complainant is a resident of Mayur Vihar, Phase-II and the Consumer Forum Greater Noida is at a distance of 50 km. from his residence.  Therefore, travelling to Greater Noida to attend the date of hearing is a cause for inconvenience and it is also an expensive process.  Thus, the petitioner has urged us to transfer his complaint for adjudication to the District Forum at Delhi.

We do not find merit in the application for the reason that at the time of filing of consumer complaint, the petitioner / complainant had a choice of filing the consumer complaint either in Delhi or before the District Forum Greater Noida.  He opted for the latter option.  Now after having exercised his option, the petitioner cannot be allowed to indulge in Forum Shopping by seeking transfer of his complaint to the District Forum Delhi.  Thus, we do not find any cogent reason to allow the transfer of the complaint.  Transfer application is accordingly dismissed.

         

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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