DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

                                        ISBT KASHMERE GATE DELHI

CC/ 56/2018

No. DF/ Central/

MS. JAYA KUMARI

DAUGHTER OF SHRI SUBHASH PRASAD SINGH,

RESIDENT OF A-12, HOLI CHOWK, HASTSL VIHAR,

UTTAM NAGAR

NEW DELHI-110059                                                                                                                                                                                                                   

                                                                                                   .....COMPLAINANT 

VERSUS

THE CHAIRMAN,

INDIAN RAILWAY BOARD,

ROOM NO. 256-A, RAIL BHAWAN,

RAISINA MARG,

NEW DELHI-110001

                                                                                                  …..OPPOSITE PARTY

Quorum:     Ms. Rekha Rani, President

                   Sh. Vikram Kumar Dabas, Member

                   Mrs. Manju Bala Sharma, Member

ORDER

Rekha Rani, President

1.       The prayer in the instant complaint is for  direction  against the chairman, Railway Board, Raisina Marg, New Delhi.  Raisina Marg (in short the OP) is within the jurisdiction of police station Parliament Street  which is not covered under the territorial jurisdiction of this forum. Neither OP is based within the territorial jurisdiction of this forum nor cause of action is shown to have accrued  within the territorial jurisdiction of this forum.

2.  Learned counsel for complainant has relied on Judgment of Delhi High Court in Delhi State & District Consumer Courts V/s Lieutenant Governor & Ors W.P. (C) 11424/2016 & CM no. 44784/2016 dated 01.02.2018 wherein it was held as under :    

                      ‘’3. The writ petitioner has relied on other orders of the State Commission passed thereafter placing reliance the decision dated 31^st October, 2007 holding that Delhi was one district for the purposes of the territorial jurisdiction of the District Forums.

4.  A grievance is made before us that despite the clear dicta of the decisions of the State Commission, the District Forums are not abiding by the same and are dismissing complaints on ground of territorial jurisdiction in violation of binding findings.

     5.  It cannot be denied that judicial discipline mandates that the District Forums shall strictly abide by the decisions of the State Commission, which bind their consideration.’’      

3.       Our State Commission in  Prem Joshi Vs Jurasik Park Inn & Anr.  First Appeal No. 488/2017 vide order dated 17.10.2017 held that:

                      ‘’6. Now coming to the point of Delhi being one district, it may be mentioned that appellant has relied upon decision of this Commission dated 31.10.07 in RP No. 07/18 titled as Singhs Dental Hospital vs. Shri Amrit Lal Dureja and decions of this Commission dated 17.03.10 in FA No. 10/220 titled as Holy Family Hospital vs. Amit Kumar, decision of this Commission in FA 216/2012 titled as Mahesh Ram Nath vs. the Secretary cum Commissioner (Transport) and other and decision in Saranjeet Singh vs. Anil Kumar Dixit III (2010) CPJ 181.

7.   The District Forum distinguished the above decision on the ground that the Hon’ble Lt. Governor of National Capital Territory of Delhi vide notification dated 20.04.99 divided Delhi in 10 districts defining their respective area.  Notification was issued for being complied with instead of being flouted.

8.   Obviously the purpose of defining jurisdiction was to regularize and distribute the work to bring certainty instead of creating chaos.  If all the litigants prefer to chose one forum, that forum would be overburdened and remaining nine forums would become idle.   

10.  The Director, Consumer Affairs issued a circular No. F.50(21)/2003/F&S/CA/1053-1054 dated 07.11.12 conveying the feelings of National Commission regarding not following the notification in its letter and spirit.  It was also conveyed that National Commission took a very serious view and stated that inspite of notification promulgated by Govt. of NCT of Delhi on 20.04.99 clearly demarcating jurisdiction district wise, District Forums were violating the order.  On the basis of the said letter Registrar of this Commission wrote a letter No. F.1/(Misc.)/SC/2012/5045 dated 08.11.12 advising President, District Forums to strictly comply with the directions i.e. notification.’’

4.        In view of the order of  Delhi State Commission in Prem Joshi (supra) since OP is not based within the territorial jurisdiction of this forum nor any part of  cause of action is indicated to have accrued within the territorial jurisdiction of this forum complaint be returned to the complainant to file the same before the appropriate Forum.  File be consigned to record room.

     Announced on this 16^th  Day of  April 2018.