Laxman Dutt Sharma filed a consumer case on 30 Jul 2018 against M/S. BSES & ORS. in the New Delhi Consumer Court. The case no is CC/382/2011 and the judgment uploaded on 06 Aug 2018.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,
I.P.ESTATE, NEW DELHI-110002.
Case No.CC.382/2011 Dated:
In the matter of:
Laxman Dutt Sharma
R/o 1532, S/F Street No.28,
Naiwala Karol Bagh,
Near Chappar Wala,
New Delhi-60.
……..COMPLAINANT
VERSUS
BSES, Shankar Road,
New Rajender Nagar,
New Delhi.
BSES Yamuna Power Ltd.
BSES Office Room No.7,
Gandhi Market, Near Minto Road,
Near Red Quarters, Darya Ganj,
Delhi-110002
.
Opposite Parties.
ARUN KUMAR ARYA, PRESIDENT
ORDER
Complaint is filed by the complainant under section 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OPs. Arguments on maintainability of complaint were heard. We have gone through the complaint as well as documents filed with it. The brief facts of the complaint are that the complainant was receiving the Electricity bill in the name of his deceased mother Shakuntala Devi Sharma but in the month of October 2010, OP Co. send the Electricity bill in the name of Sh. Vishnu Dutt Sharma as such the complainant filed a complaint before OP for impleading his name on the bill but nothing has been done by the OPs. It is further alleged by the complainant that in the month of March, 2011, he received a electricity bill of Rs.500/- and the same was duly paid by him. It is submitted that OP arbitrarily send him another bill of Rs.73020/- with a due date 25.3.2011. It is alleged by the complainant that he is a poor person and is not in a position to pay such exaggerated amount and as such he approached this Forum for the redressal of his grievance.
2. Argument on the maintainability of the complaint on the point of territorial jurisdiction heard. It was submitted by the complainant that office of OP is situated at Rajender Nagar, New Delhi and Darya Ganj, Delhi, who works for gain within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.
3. In the present case, the complainant was residing at Karol Bagh. The OP mentioned in the arrays of the parties is having its office at New Rajender Nagar and Darya Ganj, Delhi. The deficiency in services as alleged by the complainant i.e the electricity exaggerated bill amount raised by the OP also does not fall within the territorial jurisdiction of this Forum, hence, neither the OP nor the cause of action arose within the Territorial Jurisdiction of this District Forum.
4. Therefore, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint. Let the complaint be returned to the complainant along with documents for presenting before the competent Forum in accordance with Law.
Copy of the order may be forwarded to the complainant free of cost as statutorily required. File be consigned to R.R.
Announced in open Forum on 30/07/2018.
The orders be uploaded on www.confonet.nic.in.
File be consigned to record room.
(ARUN KUMAR ARYA)
PRESIDENT
(NIPUR CHANDNA) (H M VYAS)
MEMBER MEMBER
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