Case No. 82/2015   

IN THE MATTER OF

Nar Singh Pal Singh S/o Late Sri Vijay Pal Singh R/o Vill. Mainath Post Mukundpur, Aligarh Present R/o R. K. Puram, Agra Road Thana Sasni Gate, Aligarh

                                                     V/s

1. M.D. Sardar Sarovar Narmda Nigam Ltd.Block Nagar 12 new Sarvoday Nagar Complex, Ghandhi Nagar, Gujrat                                        (Through: Advocate Pradim Verma & Pravin Dabha)
2. Agent Narendra Kumar R/o Marris Road Near Petrol Pump, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The Ops be directed to pay Rs.500/ incurred in correspondence.
2. The Ops be directed to pay damages amounting Rs.122000/ with interest at the rate 18% per annum .

2.  Complainant stated that he and his wife Smt. Urmila Singh had purchased two bonds from op no.1 on payment of Rs.3600/ for each bond. The price value of each bond was assessed at Rs. 111000/ and the date for payment was fixed at 14.1.2014. Complainant had sent the bonds for payment and  payment of Rs.50000/ for each bond instead of Rs.111000/ was made.
3. Op no.1 has stated in WS that Op no.1 had issue discount bond of face value Rs.111000/ each with a maturity period 20 year from the date of allotment and issued individual notices to all bond holder explaining the procedure for claiming the redemption amount as on 10.01.2009. Complainant and his wife Smt. Urmila Singh were holding one-one bond but they did not approach for claiming the redemption amount as on 10.01.2009. Complainant approached in April, 2014 whereas the board of directors had decided to redeem the bond as on 10.01.2009 with deemed face value of Rs.50000/ per bond and complainant is entitled to get Rs.50000/ per bond. Complainant is not entitled to get any relief from this fourm.
4. Complainant has filed his affidavit and papers in support of his pleadings. and OP no. 1 has also filed his affidavit and papers in support of its pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the District commission was vested with the jurisdiction to entertain the complaint.
7. The complaint was filed in the year 2015 when the Consumer Protection Act,1986 was in force. The Act 1986 confers the jurisdiction on the forum within whose territorial jurisdiction the cause of action for filing the complaint arises. In the present case the bonds were allotted by the Op no.1 within the State of Gujrat and cause of action for filing the complaint arose within the State of Gujrat and the Consumer forum within the State of Gujrat was entitled to entertain  the complaint. Complaint was   wrongly filed here and is liable to be dismissed for want of territorial jurisdiction.
8.  The question formulated above is decided against the complainant.
9. We hereby dismissed the complaint.
10.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.