Delhi

New Delhi

CC/757/2013

Mach Five Informatics Pvt.Ltd. - Complainant(s)

Versus

M/S. Hyundai Motor India Ltd. - Opp.Party(s)

24 Feb 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.757/2013                                 Dated:

In the matter of:

MACH FIVE INFORMATICS PVT. LTD.,

(Through Raj Rani Sharma(Director)

R/o J-303, Sarita Vihar,

New Delhi.

……..COMPLAINANT

VERSUS

M/s HYUNDAI MOTOR INDIA LTD.

M/s HYUNDAI MOTOR PLAZA,

(Company owned showroom & workshop),

A-30, Mohan Co-operative Industrial Estate,

Near Sarita Vihar, Mathura Road,

New Delhi-44.

                                                                                                                                                                ….......OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

 

By way of this order we are disposing of the application filed on behalf of OP for dismissal of the complainant for want of Territorial Jurisdiction.  .

2.     It is stated on behalf of OP that this Forum has no Territorial jurisdiction to entertain and adjudicate the present case as the office of the OP is situated at Mathura Road, New Delhi which does not fall within the Territorial  jurisdiction of  this Forum.  Moreover, no branch office of the OP falls within the Territorial jurisdiction of this Forum and prayed for the dismissal of the complaint on this sole ground.

3.     Perusal of the file shows that the OP mentioned in the arrays of the parties is having its office at Mathura Road, Delhi which also does not fall within the territorial jurisdiction of this Forum.  Moreover, the complainant had failed to justify any cause of action or part of it arose within the Territorial Jurisdiction of this District Forum, hence, neither the OP nor the cause of action arose within the Territorial Jurisdiction of this District Forum.

4.     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”.

 

5.     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 24/02/2020.

 

(ARUN KUMAR ARYA)

PRESIDENT

 (NIPUR CHANDNA)                                                                              (H M VYAS)

       MEMBER                                                                                      MEMBER