ORDER ON EX.NO.5
(Passed this on 06th January, 2018)
Shri. S.P. Muley, President –
1. By this application the complaint is seeking permission to withdraw the complaint with liberty to file fresh complaint on same cause before appropriate forum.
2. The complainant had booked a plot in the layout of the Opposite Party situated in ¨Fortune Millionaire¨. He paid entire cost of the plot. However, the O.P. failed to execute sale deed of the plot and so the complainant cancelled the booking and demanded refund of the deposited amount. But the O.P. avoided to refund the amount on one or other pretext. Hence this complaint for refund along with compensation and cost.
3. At the time of hearing on admission, it was noticed that the office of the O.P. is within Municipal Corporation limits. It is not clear from the complaint as to where the proposed project is situated, but it is stated that it is in MIHAN, which also comes in municipal area. That apart, the agreement is no more in existence and the complainant does not want execution of sale deed of the plot, but only refund of his amount. The cause to file the complaint occurred in municipal area.
4. As per the Notification of Food and Civil Supplies Dept, dated 19th December 1994, the territorial jurisdiction of Nagpur District Forum and Additional Nagpur District Forum has been demarcated. Accordingly, the Additional District Forum, Nagpur shall have jurisdiction over areas falling in the Rural area of Nagpur district and the District Forum, Nagpur shall have jurisdiction over Municipal Corporation area. For this reason the present complaint falls in the jurisdiction of the District Forum. We therefore allow the application. Hence, the order.
ORDER
- The application is allowed.
- Permission is granted to withdraw the complaint with liberty to file the same before the appropriate forum.
- The complaint along with documents be returned to the complainant forthwith.
