Delhi

West Delhi

CC/15/849

MAHIPAL SINGH - Complainant(s)

Versus

LIBERTYSHOES - Opp.Party(s)

31 Aug 2018

ORDER

 

 

                    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 15.12.2015

Complaint Case. No. 849/15                                               Date of order:    31.08.2018

IN  MATTER OF

 

Mahipal Singh Dhaka S/O Shri Jhabarmal Dhaka, 3^rd Floor, Flat no. 8892, Gali no.3, Pahadganj, New Delhi-110055                                                                                                                                                                                                                                                                                                                                                                                                     Complainant

VERSUS

Liberty Shoes Ltd., Liberty house, Liberty Road, Post Box no. 103, Karnal(Haryana) 132001

                                                                                                                       

Opposite party-1

 

Liberty Shoes Ltd., Liberty house, 4/42, Punjabi Bagh, New Delhi-110026                                                    

                                                                                                                        Opposite party-2

Shoes Palace, Near Roadways Bus Stand, G.T. Road, Karnal (Haryana) 132001

                                                                                                                        Opposite party-3

                                    ORDER

PUNEET LAMBA, MEMBER

            The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that he has purchased a pair of shoes from OP-2 on 24.06.2015 vide invoice no. 1123 for sale consideration of Rs. 1360/-. The complainant on 26.06.2015 wore the shoes to the office. However the sole of newly purchased shoes came off and was detached. The complainant has to face humiliation in office and immediately another pair of shoes had to be brought from home. The complainant informed the Op on 26.06.2015 through mail and again on 13.06.2015 informed telephonically. After that  the complainant repeatedly communicated telephonically as well as through e-mail. But the op failed to redress the grievance of the complainant. However the complainant on 21.07.2015 informed the Op through e-mail that he will approach consumer dispute redressal Forum in case the grievance is not redressed and also he sent  registered letter  dated 30.07.2015 to OP. But still the Op failed to pay any heed. Hence the present complaint for directions to the Ops to refund the invoice amount of the shoes and Rs. 4,00,000/- on account of compensation for the harassment and humiliation faced by him before his colleagues and Rs. 10,000/- for litigation expenses.

Notice of the complaint was sent to the Ops . But none appeared on behalf of the Ops so they are proceeded ex-parte vide order dated 17.02.2016.

When the complainant was asked to lead evidence he tendered affidavit of evidence reiterating the facts stated in the complaint. He also relied on copy of cash memo 1123 dated 24.06.2015 , several emails and copy of Vodafone bills.

During the course of arguments it is admitted by the complainant that he has purchased the shoes from Op-2 which is located at karnal, Haryana. Though the complainant has imp leaded Op-3 which at Punjabi Bagh New Delhi, but no cause of action has arisen against OP-3. When the complainant was confronted with the issue on territorial  jurisdiction of this Forum and as to the deficiency in service on part of the Op-2 he, in all fairness, admitted that no cause of action ever arose against the op-3. However the complainant asserted that the Forum should have appraised him of the territorial jurisdiction at the inception  of filing of complaint.              

          The bare perusal of the contents of complaint would explicitly demonstrate that complainant has purchased shoes from Op-2 which is located at karnal  and is not within the territorial jurisdiction of this Forum. Needless to say that as per section -11 of CPA 1986 the District Forum will have jurisdiction to try the complaint if the O.P is resident or carries on business within its territorial jurisdiction or any cause of action partly or wholly arose within its jurisdiction.  Obviously the shoes are purchased from Karnal which is not within the jurisdiction of this forum and further  there is no cogent material on record to show that   cause of action has ever arisen against Op-2 which is situated at Punjabi Bagh, New Delhi.  

          Keeping in view of the aforesaid discussion and circumstance of the case, we are of the opinion that this Forum does not have the territorial jurisdiction.  Therefore, the complaint is dismissed.  The complainant, if he so wishes, may approach the appropriate court having territorial jurisdiction.  File be consigned to record room.

Copy of this order be sent to the parties as per rules.

   Announced this______ day of _________ 2018.

Order pronounced on :-

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                        PRESIDENT