CASE NO.241/2014

Sh. Arun Kumar Goswami Vs. LIC Housing. 

22/08/2014

Present:-  Counsel for the complainant.

        Heard.  Complainant is residing of Patparganj he has taken loan from LIC Housing Finance Ltd., Janakpuri, Delhi.  As per averment no part of cause of action has arisen within the jurisdiction of this forum.  This forum does not have territorial jurisdiction to entertain the present complaint.

2.     By virtue of the provisions of rule 4 (i) of Delhi Consumer Protection Rules, 1987 referred to above Hon’ble Lieutenant Governor of Delhi in supersession of its earlier order No. F.50(47)/96-F&S/CA/242 dated 01.06.1998 and in exercising of his powers under the   provisions of rule  4(i) of the Delhi Consumer Protection Rules, 1987 framed under the Consumer Protection Act, 1986 (68) of 1986), issued a fresh Notification No. F.50(47)96-F&S/CA, relevant portion of which is as follows:

“No. F.50(47)/96-F&S/CA : In supersession of the Government of NCT of Delhi’s order No. F.50(47)/96-F&S/CA/242 dated 01.06.1998 and in exercise of the powers under the provisions of rule 4 of the Delhi Consumer Protection Rules, 1987 framed under the Consumer Protection Act, 1986 (68) of 1986, the Lieutenant Governor of National Capital Territory of Delhi is pleased to order that the allocation of business amongst the District Forum- North, District Forum-Central, District Forum-South West, District Forum- West, District Forum-North East, District Forum-East, District Forum-North West, District Forum-New Delhi, District Forum-South, shall with effect from the date of notification in the official gazette, be regulated as follows:-

This Government’s earlier order No. F.50(47)/96-F&S/_ dated 1^st June, 1998 is hereby cancelled.

By order in the name of the

Lieutenant Governor of National Capital

Territory of Delhi.

-Sd-

(K.J.R. Burman)

Deputy Secretary

Food, Supplies & Consumer Affairs,

National Capital Territory of Delhi.”

3.     Copy of above said Notification was received in the office of this Forum vide endorsement No. F.50(47)46-F&S/CA/126 dated 20.04.1999.  On perusal of the above said notification it is clear that by virtue of said notification Hon’ble Lieutenant Governor of Delhi has made specific provision in general for allocation of business amongst the various District Forums.

4.     According to the said notification ‘District Forum–North’ is competent to exercise jurisdiction only in respect of cases in which cause of action to entertain cases wholly or in part has arisen in areas falling under Police Stations therein.  In other words if O.P. resides or works for gain within the area of any of the Police Stations work of which has been allocated to District Consumer Forum (North) as enumerated in the notification or if the cause of action, wholly or partly, has arisen within the areas of said Police Stations, only then this Forum will be competent to entertain the complaint. 

5.     In the present case the O.Ps is not carrying on its business in area falling in any of the area of the Police Stations work of which has been assigned to this Forum and no part of the cause of action has arisen within the area of any of the police stations cases of which have been assigned to this District Forum.  Therefore, this forum does not have territorial jurisdiction to entertain the present complaint.  Accordingly the present complaint is returned to the complainant for filing before the proper forum.  Endorsement may be made on the complaint returned regarding payment of fee, date of presentation and date of return thereof.

Copy of the order be given to the complainant Dasti.  File be consigned to the record room.

       President                             Member                          Member