BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint no. 158 of 2016
Date of Institution: 29.6.2016
Date of Decision: 11.8.2016
- Vikram Singh s/o Sh.Mahabir Singh, r/o gali no.1, Shakti Nagar, Barnala Road, Sirsa.
- Somnath Grover, Advocate, District Courts, Sirsa.
………Complainants.
Versus
- Managing Director/Authorized persons (Magic Holidays) Parnoramic Holidays Ltd. Khatu House, Basement Plot No.401/411, Mogul Lane, Behind Johnson & Johnson Co. Mahim (West) Mumbai.
- (Magic Holidays)Parnoramic Holidays Ltd. Branch Office, Second Floor, SCO 491-492, near ICICI Bank, Sub City Centre, Sector 35-C, Chandigarh through its Authorized person/Branch Manager.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Sh.Naveen Kumar, Advocate for the complainants.
ORDER
Brief facts of the present case are that on 1.7.2014, the opposite parties,
who deal in the business of providing the package during the Magic Holiday and provide domestic hotel and resorts in India at many places like Chail, Goa, Kanha, Kodaikanal, Mysore, Pench, Shirdi, Tehsi etc., allured the complainants through telephonic message for the magic holiday package for enjoyment of cool climate as well as to take the travel and stay for the period of 5 nights/6 days and called the complainants at MB Hotel, Sirsa. Under the impression of Ops, complainant deposited Rs.10360/- each i.e. total Rs.20720/-through Credit Card. The Ops supplied them the bogus card of Membership. Thereafter, complainants approached the Ops telephonically several times, but of no positive result. In this way, Ops committed the act of fraud, forgery and cheating with the complainants. Complainants got served a legal notice upon the Ops, but to no effect. Hence, the present complaint.
2. We have heard learned counsel for the complainants on the point of maintainability of the complaint and have perused the record.
3. There is no document on the file to prove that complainants made the payment after their allurement at MOB Hotel, Sirsa. The alleged receipts issued by the Ops in token of receipt of money i.e. Rs.10360/- have no signatures either of the parties and do not reflect that the amount has been paid within the territorial jurisdiction of this Forum, as alleged by the complainants. Section 11 of the Consumer Protection Act, 1986 deals with jurisdiction of the District Forum. Section 11 of the Consumer Protection Act, 1986 provides inter alia that a complaint can be instituted in the District Forum within the local limits in whose jurisdiction either the opposite party or each of the opposite parties resides or carries on business or has a branch office or personally works for gain or where the cause of action arises wholly or in part. The present complaint does not fall under any of the requirement of territorial jurisdiction specified u/s 11 of the Consumer Protection Act. Moreover, it is a case of fraud, forgery and cheating as alleged by the complainants themselves in their complaint. As such, the dispute involved in this complaint is not a consumer dispute.
4. Resultantly, the present complaint stands dismissed with no order as to costs.
Copy of the order be supplied to the parties as per rules. File be consigned to the records.
Announced in open Forum. President,
Dated:11.8.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
