Delhi

West Delhi

CC/19/388

RAJ SINGH - Complainant(s)

Versus

FULLERTON INDIA - Opp.Party(s)

23 Oct 2019

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 388/2019

 

Raj Singh v/s Fullerton India Credit Pvt. Ltd.

 

23.10.2019

Present :-    Complainant in Person.

 

          On 28.08.2019, arguments of Sh. S.K. Shukla Counsel for Complainant heard on admission and on the issue of jurisdiction.

          On bare perusal of the case file, it is revealed that the case of action of this complaint has not arisen in the jurisdiction of this forum. In view of the notification dated 20.04.1999 issued by Directorate of Consumer Affairs, Govt. of NCT of Delhi and also in view of letter dated 07.11.2012 after the direction of Hon’ble National Commission to the Secretary-cum-Commissioner, Food, Supplies and Consumer Affairs, Govt. of NCT of Delhi to enforce the said order, we are of the opinion that this forum has no jurisdiction to entertain this complaint.

          At this stage, it is also pointed out that the Hon’ble Delhi High Court in its judgement dated 01.02.2018 in WP (C) No. 11424/2016 has relied on the order dated 31.10.2007 passed by Hon’ble Delhi State Commission in the matter of Singh’s Dental Hospital Vs. Amrit Lal Dureja (Revision Petition No. 07/18) on the issue of considering Delhi as one district to entertain the Consumer Complaints, and has directed to all District Forums to abide by the principles laid down by the State Commission in their decisions.

          However, it appears that Hon’ble Delhi High Court was not apprised about the proceedings before Hon’ble National Commission in the matter of Mahesh Ram nath Vs. the Secretary-cum-Commissioner (Transport) (Revision Petition No. 2816/2012) in which, Hon’ble National Commission has taken a very serious view and stated that in spite of notification promulgated by Govt. of NCT of Delhi on 20.04.1999 clearly demarcating jurisdiction district wise, District Forums were violating the order. Thereafter, the letter dated 07.11.2012 was issued by the Secretary-cum-Commissioner, Food, Supplies and Consumer Affairs, Govt. of NCT of  Delhi to enforce the notification dated 20.04.1999 issued by Directorate of Consumer Affairs, Govt. of NCT of Delhi.

          Further, in a different order in the matter of Prem Joshi vs. Jurasik Park Inn (FA No. 488/2017), vide its order dated 01.11.2017 Hon’ble Delhi State Consumer Dispute Commission has held that the notification dated 20.04.1999 issued by Directorate of Consumer Affairs, Govt. of NCT of Delhi is to be strictly complied with. Hence, while respecting the order passed by Hon’ble Delhi High Court, and by following the order passed by Hon’ble Delhi State Commission in Prem Joshi case (supra), we are of the opinion that this Forum does not have territorial jurisdiction to entertain this complaint.

          Hence, without admitting this complaint, the same is directed to be returned to the complainant to enable him to file the same with forum of appropriate jurisdiction, if so advised.

          File be consigned to Record Room.

          Copy of this order be given Dasti to the complainant. Original if any be given to the complainant.

 

 

(PUNEET LAMBA)                         (S.S. SIDHU)                              (K.S. MOHI)

   MEMBER                                     MEMBER                                  PRESIDENT

23.10.2019                                            23.10.2019                                    23.10.2019