Delhi

East Delhi

CC/200/2023

SURAKSHIT - Complainant(s)

Versus

HALDIRAM ETHNIC FOODS PVT. LTD. - Opp.Party(s)

02 May 2023

ORDER

Case No.    :         200/2023

Date           :         02.05.2023 

 

Present       :         Ld. Counsel for the Complainant with Complainant

 

Complainant has filed the present complaint with respect to deficiency in service in providing the infected dish by the OP Restaurant containing certain insects.  Heard at length.  Complainant has given his address of Tis Hazari Court and of the OP of the North East Delhi.  Both these areas do not fall within the territorial jurisdiction of this Commission.  Law is well settled.

The Hon’ble NCDRC in a recent judgment dated 03.03.2023, in The Concerned Nurse Vs. Lalan Prasad Sharma & Dr. Jitender, C.M.O in Revision Petition No. 3439 of 2018 has held ‘for resumption of jurisdiction by a Court or a Tribunal existence of jurisdictional fact is a condition precedent’ while referring to the judgement of Hon’ble Supreme Court in Dr. Jagmittar Sain Bhagat & Ors Vs. Dir. Health Services, Haryana (2013) 10 SCC 136 wherein it was held that:

‘7.       Indisputably, it is settled legal proposition that conferment of jurisdiction is a legislative function and it can neither be conferred with the consent of the parties nor by a superior Court, and if the Court passes a decree having no jurisdiction over the matter, it would amount to nullity as the matter goes to the roots of the cause. Such an issue can be raised at any stage of the proceedings. The finding of a Court or Tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction. Similarly, if a Court/Tribunal inherently lacks jurisdiction, acquiescence of party equally should not be permitted to perpetuate and perpetrate, defeating the legislative animation. The Court cannot derive jurisdiction apart from the Statute. In such eventuality the doctrine of waiver also does not apply.

 

Since, the Commission does not have the territorial jurisdiction to entertain the present complaint, the Complaint is ordered to be returned to the complainant, who may file it before the Commission of appropriate jurisdiction, if he so desires. 

 

All original documents be returned to the complainant on filing the photocopy. 

 

File be consigned to Record Room. 

 

Announced on 02.05.2023.