Delhi

West Delhi

CC/22/77

HARJEET SINGH - Complainant(s)

Versus

FLIPKART - Opp.Party(s)

11 Mar 2022

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

CASE NO. 77/22

IN THE MATTERS OF:-

 

Harjeet Singh Mendiratta 

823, Sector-4, R.K. Puram,

New Delhi-22                                                             ……COMPLAINANT

VERSUS

 

Flipkart &Ors.

2^nd floor, I-2/16, Ansari Road,

Darya Ganj, Delhi – 110002, India.                                     ……OPPOSITE PARTY  

 

PRESENT: Ms Kalpana, Counsel for Complainant.

 

Order by: Ms Richa Jindal (Member)                                             Dated: 11-03-2022

 

ORDER

1. The complainant has filed the present complaint against the OP alleging deficiency in service and claiming a sum of Rs.2,00,000/- (Rs. Two Lakh only) as compensation besides other reliefs.

 

2. Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the counsel for Complainant that the complainant had taken delivery of T.V. at his son’s residence situated at Fateh Nagar, within the territorial jurisdiction of this Commission, so, this Commission is competent to adjudicate the matter.

 

3. In the present case admittedly, the complainant is residing at 823, Sector-4, R.K. Puram, New Delhi-110022 and whereas the address of OP No.1 is 2^nd Floor, 1-2/16, Ansari Road, Darya Ganj, Delhi-110002, OP-2 is situated at K.G. Marg, New Delhi-110001, OP No.3 is also situated at Connaught Place, New Delhi-110001 and lastly OP no.4 is situated at s-24, Phase II, Okhla Industrial Area, New Delhi, which does not fall within the territorial jurisdiction of this Commission. The perusal of the file shows that although the Complainant had taken the delivery of TV at Fateh Nagar during the arguments, counsel for complainant herself admitted that the complainant had shifted the TV from Fateh Nagar to R. K. Puram address mentioned as complainant’s address and requested to OP to install there only. Hence no cause of action or any part of the cause of action arose at Fateh Nagar.

 

4. It would be pertinent to begin our discussion by referring to the territorial jurisdiction under Section 34(2) of the Consumer Protection Act, 2019:

 

          Section 34 (2) in The Consumer Protection Act 2019

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.

5.       Admittedly the complainant has failed to place on record any document which proves that any cause of action or part of it arose within the territorial jurisdiction of this Commission. Hence, neither the complainant nor the OP or the cause of action are within the territorial jurisdiction of this District Commission.

6.       In view of the above, since the complainant has failed to place on record any incident or document which shows that the cause of action occurred in Fateh Nagar, New Delhi. We are, therefore, of the view that this Commission does not have the territorial jurisdiction to entertain the complaint about the want of territorial jurisdiction.

7.       The complaint is therefore directed to be returned to the complainant along with annexures against acknowledgement. A copy of the complaint should be retained for records. The complaint is dismissed on the above ground as none of the condition stipulated in Para 34(a) to (d) has been met to entertain the present complaint.

8.       A copy of the order will be sent to the complainant free of cost by post.

Orders should be sent to www.confonet.nic.in.File be consigned to record room, in open Commission on 11/03/2022

 

 

 

 

(Richa Jindal)         Member

(Anil Kumar Koushal)               Member

(Sonica Mehrotra)                         President