Haryana

Yamunanagar

CC/39/2017

Sant Ram s/o Sh.Mangtu Ram - Complainant(s)

Versus

MD Air India - Opp.Party(s)

Bhanwar Singh

23 Jan 2017

ORDER

Sant Ram Versus Managing Director Air India New Delhi

CC No. 39 f 2017.

 

Present: Sh. Bhanwar Singh, Advocate, counsel for complainant.

 

                        Office report perused. Complaint be checked and registered. Heard on the point of jurisdiction. After perusal of the contents of the complaint, it is duly evident that complainant boarded the flight from Delhi ( Indira Gandhi International Airport) for going to Goa ( Dabolim Airport) and when the complainant alongwith other members of the group searched for their baggage then it was came to the notice of the complainant that one bag out of six (6) bags was missing which was belonging to the complainant. Upon which, after facing very hardship complainant lodged his complaint/FIR with the Police Station Dabolim Airport and complaint No. MAR97/16 dated 17.10.2016 was allotted. The present complaint has been filed against the Managing Director Air India, New Delhi and Airport authority Dabolim, Goa and one Maan Singh. The alleged Maan Singh has been impleaded with the version that complainant booked his ticket from the said Maan Singh OP No.3 but no such document has been placed on file. From the perusal of file, it is evident that neither the OPs No.1 & 2 have any office nor any cause of action has arisen in the territorial jurisdiction of this Forum. Hence, this Forum has no territorial jurisdiction to try and decide the present complaint as per Section 11(2)(a)(b)(c) of the Consumer Protection Act and the same view has been held in case titled as A.B. Thomas and Company Ltd. Versus Meridian Apparel and another, 1998(2) CPJ page 1, 1970 (2) CPR page 271 and 1997(2) CLT page 545 National Commission.

                        So, we are of the considered view that as per Section 11(2)(a)(b)(c) of the Consumer Protection Act, 1986, the complaint of the complainant is beyond jurisdiction of this Forum and the same is hereby dismissed with no order as to costs. However, complainant is at liberty to file his complaint before the competent court of law having jurisdiction if so advised. Assistant is directed to return the original documents, if any, to the complainant after retaining the photo copies of the same on the file. A copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced:  23.01.2017.                               

                                                (S.C.SHARMA)                        (ASHOK KUMAR GARG)

                                                 MEMBER                                PRESIDENT