Delhi

New Delhi

CC/288/2014

Vinit Gupta - Complainant(s)

Versus

M/S. Hitachi India - Opp.Party(s)

19 Feb 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC/288/2014                                                         Dated:

In the matter of:

 

Vinit Gupta                                                                            …..…Complainant

 

Versus

 

M/s Hitachi India Pvt. Ltd. & Another                                                ….… Opposite Parties

 

 

            NIPUR CHANDNA – MEMBER

O R D E R

 

The OP has moved an application for dismissal of complaint on the ground of Territorial Jurisdiction, stating that the address mentions in the memorandum of parties is Hitachi India Pvt Ltd.  in complaint no. 288/14 filed by the complainant under Consumer Protection Act, 1986 does not fall within its territorial jurisdiction of this Forum. It is submitted that this Hon’ble Forum does not have the jurisdiction to adjudicate the present complaint as

The complainant resides in Ghaziabad (U.P.)

The system in question is purchased from Opposite Party no. 2 i.e. M/s Nijhawan Electronics which is also situated in Ghaziabad.

 

The perusal of the files shows that no cause of action arose from the OP mentioned in the memo of parties. The complainant purchased TV from OP-2 which does not fall in our jurisdiction. The complainant has failed to place on record any document which shows that any cause of action or part of cause of action falling under the territorial  jurisdiction  of this Forum. In other words,no cause of action arose within the territorial jurisdiction of this Forum.

On the issue of Territorial Jurisdiction, we are guided by the Hon’ble Apex court in the case of Sonic Surgical where in the following order where passed. In Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004decided by Hon’ble Supreme Court on 20/10/2009, the Hon’ble Supreme Court passed the following orders:-

“Ld. Counsel for the appellant submitted that the respondent-insurance company has a branch office at Chandigarh and hence under the amended Section 17 (2) t he complaint could have been filed in Chandigarh.  We regret, we cannot agree with the Ld.Counsel for the appellant. In our opinion, an interpretation has to be given to the amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence.  If the contention of the Ld.Counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated.  We cannot agree with this contention.  It will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression ‘branch office’ in the amended Section 17(2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity.  [videG.P.Singh’s Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79]

 

                     In the present case, since the cause of action arose at Ambala, the State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint.”

In the light of the judgment Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004discussed above, 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 appropriate Forum in accordance with law.

A copy of this order be sent to each party free of cost by post as per statutory requirement.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 19/02/2020

                                                        

 

                                                     (ARUN KUMAR ARYA)

                                                                    PRESIDENT

 

       (NIPUR CHANDNA)                                                                       (H M VYAS)

                  MEMBER                                                                                    MEMBER