Delhi

New Delhi

CC/30/2020

Anup Kumar - Complainant(s)

Versus

M/S. HDFC Bank - Opp.Party(s)

02 Nov 2020

ORDER

 

 

                     CONSUMER DISPUTES REDRESSAL FORUM-VI

                  (DISTT. NEW DELHI),

               ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                     NEW DELHI-110001

 

Case No.CC.30/2020                                     Dated:

In the matter of:

                 Anup Kumar,

                House No.47, Gali No.2,Block-A,

                Mithapur Extn., Badarpur, New Delhi-44

……..COMPLAINANT

VERSUS

HDFC Bank,

M 36, Connaught Circus,

Opp. Super Bazar, Block G,

Connaught Place, New Delhi-01.

                                                                                                                                                                              …......OPPOSITE PARTY

ARUN KUMAR ARYA, PRESIDENT

ORDER

File taken up through Video Conferencing.

2.       The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986, alleging deficiency in services and claiming refund the premium amount of  Rs.60,000/-  besides other reliefs.

3.       Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant that  office of OP is situated at Connaught Place, New Delhi,  within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

4.       In the present case, the complainant has failed to mention from where he had purchased the policy in question. Further the complainant has placed the statement summary which was issued from the Paschim Vihar Branch, Delhi.  The complainant has failed to place on record any document which proves that  any cause of action arose from the office of the OP situated  at Connaught Place,  New Delhi,  hence, no cause of action or part of it arose within the Territorial Jurisdiction of this District Commission.

5.       On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against the order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

 

6.       Therefore, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint in the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above.  Let the complaint be returned to the complainant along with documents for presenting before the concerned District Forum in accordance with Law.

Copy  of   the order may  be  forwarded  to  the  complainant  to   the case free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in  File be consigned to Record Room.

 

Announced in open Forum on 02/11/2020.

 

(ARUN KUMAR ARYA)

PRESIDENT

                                  

 

(H M VYAS)

MEMBER