Delhi

North East

CC/17/2020

Sh. Deepak k\Kumar - Complainant(s)

Versus

M/s Mahima Electronics - Opp.Party(s)

20 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 17/2020

 

In the matter of:

		Deepak Kumar S/o Sh Dalip Singh R/o H. No. A-198, Gali No.5, Kabir Nagar, Shahdara Delhi-110032.		Complainant
		Versus
	1.             2.	M/s Mahima Electronics Authorized Dealers Through its Director / Manager At 1449/118, 100 Foota Road Durgapuri Chowk, Shahdara Delhi-110093.   M/s Aqua Fine Service Water Purifier & R.O. service centre Through its Director / Manager At H-25, 3rd floor, Main Vikas Marg Laxmi Nagar, Delhi-110092.		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		06.02.2020 20.02.2020 20.02.2020

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

 Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Complainant was directed to address arguments on maintainability of this complaint on grounds of territorial jurisdiction since as per the settled law laid down by Hon'ble Supreme Court in Hewlett Packard India Ltd. Vs Shri Ramachander Gehlot in CA No. 7107/2003 decided on 16.02.2004 vide which the Hon'ble Supreme Court held that issue of maintainability has to be decided before admitting or hearing the matter on merit and in judgment of Hon’ble NCDRC in Koshy Varghese Vs HDFC Bank Ltd III (2017) CPJ 52 (NC) wherein Hon’ble National Commission held that question in which law point is involved can be decided at any stage of the proceedings. Therefore, without going into the merits of the case, we shall adjudicate the admissibility / non-admissibility of the present complaint.
2. We have heard the arguments addressed by counsel for complainant and have perused the relevant documents for deciding the present complaint on admission. 

Let us examine Section 11(2) (a),(b),(c) of the CPA which governs the determination of territorial jurisdiction of the District Forum for entertaining a complaint and leaves no ambiguity for admission of complaint to be instituted in a District Forum within the local limits of whose jurisdiction the opposite party (ies) or any of the opposite parties at the time of institution of complaint actually and voluntarily resides or carries on business or has a branch office or personally works for gain and in case of several opposite parties, complaint to be filed only at one particular place on the choice of the complainant subject to the condition that;

1. the District Forum, where the complaint has been instituted has given permission to the complainant to institute his complaint in that Forum despite the fact that some of the opposite parties are not residing or not having branch, or are not carrying on business or are not working for gain within the local limits of the jurisdiction of such District Forum; or
2. the opposite parties not so residing, or not having branch office or not carrying on business or not personally working for gain within such territorial limits, acquiesce in such institution.

 

The Hon’ble Supreme Court in State of Madras Vs C.P. Agencies AIR 1960 SC 1309 had held that “cause of action” is taken to mean every fact which if traversed, it would be necessary for the plaintiff to prove in order to support his right to the judgment of court. Therefore the entire plaint has to be taken in to consideration to ascertain the bundle of facts which gave rise to cause of action and to determine whether any one or more of such facts accrue within the territorial jurisdiction of the court. The expression “wholly or in part arises” as per Section 11(2)(c) means that some act on the part of defendant must be a part of cause of action.

Clause c of sub Section 2 of Section 11 has provided that each and every fact pleaded by the respondent in their application does not ipso facto lead to the conclusion that those facts give rise to a cause of action within the courts territorial jurisdiction unless those facts pleaded are such which have a nexus or relevance with the lis that is involved in the case. The Hon’ble Supreme Court in ONGC case 1994 AIR SCW 3287 held that facts which have no bearing with the lis or the dispute involved in the case do not give rise to a cause of action so as to confer territorial jurisdiction on the court concerned.

3. Applying the ratio to the present case, we observe that the grievance of the complainant is solely against OP2 for failure to give AMC services with respect to the R.O. installed at his premises which was sold by OP1 in 2015 and the beneficiary of consideration amount of Rs. 11,000/- for the AMC of the said R.O. was OP2 which was paid the said amount for undertaken AMC services w.e.f. 18.10.2018 to 17.10.2020. the office of OP2 is located at Laxmi Nagar, Delhi and therefore, the address of OP2 does not fall within the jurisdiction of this Forum and falls within jurisdiction of DCDRF- IX and therefore the case is squarely covered by the judgment of Zila Parishad Vs Shanti Devi AIR 1955 All.590 (FB) and C.P. Agencies (supra) judgment whereby it was held that some act on the part of defendant must be a part of cause of action and anyone or more of bundle of facts should give rise to cause of action. None of the conditions of Section 11 (2)(a),(b) or(c) are fulfilled in the present case. The address of OP1 has been mentioned in the memo of parties only to create jurisdiction of this Forum and even otherwise the R.O. having being purchased in 2015 and complaint filed in 2020 against it barred by time since it had given only one year warranty on the said RO which expired in November 2016 thereby ending liability of OP1 as well. We are guided by the settled law passed by Hon'ble Supreme Court in Sonic Surgical Vs National Insurance Co. Ltd IV (2009) CPJ 40 (SC) vide which the Hon'ble Supreme Court explained that the ‘cause of action’ must also arise at that place.      
4. We therefore dismiss the present complaint in limine as non maintainable on grounds of territorial jurisdiction in view of no cause of action having arisen within the jurisdiction of this Forum with liberty to the complainant to file the complaint before appropriate Forum. 
5. Let a copy of this order be sent to the complainant free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.
7. Announced on  20.02.2020

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member