DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.363 of 25-05-2016
Decided on 07-06-2016
Sanjeev Kumar Singla aged about 50 years S/o Narinder Nath R/o # 218, Bharat Nagar, Near Bibiwala Chowk, Bathinda.
........Complainant
Versus
Greater Mohali Area Development Authority, PUDA Bhawan, Sector 62, SAS Nagar, through its Estate Officer (Housing).
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986
QUORUM
Sh.M.P Singh Pahwa, President.
Smt.Sukhwinder Kaur, Member.
Sh.Jarnail Singh, Member.
Present:-
For complainant: Sh.Rakesh Mangla, Advocate.
Opposite party: Not Summoned.
ORDER
M.P Singh Pahwa, President
The complainant Sanjeev Kumar Singla (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Greater Mohali Area Development Authority (here-in-after referred to as opposite party).
Shorn to unnecessary details. Brief facts of the complaint are that in the year 2012, opposite party has invited applications for the allotment of apartments through draw. The complainant also applied for apartment by moving application and made online initial payment of 10% amount to opposite party. The remaining amount was also subsequently paid. He applied for withdrawal from the scheme by moving application dated 26.2.2016 for cancellation of apartment and for refund of aforesaid amount alongwith interest. As per Condition No.3 (ii), this request was accepted vide order dated 29.3.2016, but opposite party has not made refund as per aforesaid terms and conditions. By this complaint, the complainant has claimed Rs.19,50,000/- as compensation. Hence, this complaint.
We have heard learned counsel for the complainant on the point of admission of complaint.
As per complainant, office of opposite party is in SAS Nagar. The apartment is also situated at SAS Nagar. The complainant has tried to attract territorial jurisdiction of this Forum on the ground that part payments were made through local branch. It is well settled that in such matters i.e. regarding allotment of apartments etc., part of cause-of-action will not arise at the place from where the payment is made. Therefore, conclusion is that the complainant has no cause-of-action at Bathinda to attract the territorial jurisdiction of this Forum.
For the reasons recorded above, the complaint is hereby dismissed.
Copy of order be sent to the complainant free of cost and file be consigned to the record.
Announced:- (M.P Singh Pahwa)
07-06-2016 President
(Sukhwinder Kaur)
Member
(Jarnail Singh)
Member
