Delhi

New Delhi

CC/688/2014

Brij Bhushan - Complainant(s)

Versus

M/S. IRCTC - Opp.Party(s)

06 Sep 2018

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 688/2014                                                     Dated:

In the matter of:

Dr.Brij Bhushan,

X-11, type 4 Spl,

HUDCO Place,

Andrews Ganj,

New Delhi-110049.                                                                                                                                                                                                                                                                     ……..COMPLAINANT

 

 

VERSUS

 

1.                          IRCTC Ltd.,

                                   9^th Floor,Bank of Baroda Building,

16, Parliament Street,

New Delhi-110001.

 

2.                         Chairman,

Railway Board,

Rail Bhawan, New Delhi-110001.

.........OPPOSITE PARTIES

 

 

       PRESIDENT- ARUN KUMAR ARYA

 

                    ORDER

The complainant has filed the present complaint against the OPs  under section 12 of Consumer Protection Act, 1986.

      After completion of pleading during final arguments on 06/09/2018 the issue of territorial jurisdiction of this Forum is raised by the OPs. It is argued that the address of OP-1 is of Parliament Street & OP-2 is at  Rail Bhawan, New Delhi which does not falls under the Police Station of Connaught Place under the Territorial jurisdiction of this Forum, therefore, this Forum lacks territorial jurisdiction to adjudicate the complaint. The Ld. Counsel for the complainant argued that the matter was admitted in the year 2014 and this issue  does not survive thereafter. Further it is argued that the pleedings are complete and is at final stage. Reliance has been placed on the Apex Court judgement reported as (1981) 3 SCC 589.

      We have perused the record placed before us and considered the arguments addressed by the parties.  The address of the OP as per the arrays of parties clearly shows that the address does not fall within the limits of  Police Station, Connaught Place, New Delhi falling under the territorial jurisdiction of this Forum.

      On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission of Delhi. In Prem Joshi Vs Jurasik Park Inn,

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”.

 

It has been observed by Hon’ble National Commission in the matter of Tushar Batra & Anr. Vs. M/S Unitech Limited decided on 26/04/2017, Case no.-299 of 2014 that:-

“XXXXXXXXXXXXXXXX.  In my view, the appropriate course of action in such matters would be to follow the procedure prescribed in Order 7 Rule 10 A of the Code of Civil Procedure.  Though, the aforesaid provision has not been expressly extended to this Commission by Section 13 (4) of the Consumer Protection Act, the principle underlying the said provision can in appropriate cases, be adopted by this Commission, in order to protect the interest of the consumers, while simultaneously ensuring that no prejudice is caused to the service provider by adopting such a course of action.  The opposite party in these cases has filed its written version on the merits of the complaints.  It has also led evidence on merits.  No prejudice would be caused to the opposite party if the complaints are returned for being presented before the concerned State Commission, with a direction to the State Commission to decide them afresh, taking into consideration, the pleadings, affidavits and the evidence including documentary evidence filed by the parties before this Commission provided an opportunity is given to the parties to lead additional evidence and if filed, such additional evidence is also considered along with the evidence, which was filed before this Commission.  The aforesaid course of action besides ensuring a prompt and expeditious disposal of the complaints by a competent Consumer Forum will also ensure that no prejudice is caused to either party in any manner"

In view of the above discussion, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint as neither the address of OP nor the cause of action arose within the limits of Police Stations falling under the jurisdiction of this Forum. Therefore, with a view that no prejudice is caused to either party in any manner, the Hon’ble State Commission is requested to transfer the case to the District Forum South, Udyog Sadan, Qutub Institutional Area, Delhi having the territorial jurisdiction. Parties are directed to appear before the Registrar, State Commission on 18/09/2018. Office is directed to send the file to the Registrar Hon’ble State Commission for placing before the Hon’ble President for appropriate orders.  

Copy   of   the order may  be  forwarded  to  the  parties  to   the    case    free  of     cost      as   statutorily    required. 

Announced in open Forum on  06/09/2018.

The orders be uploaded on www.confonet.nic.in.

 

 

                                           (ARUN KUMAR ARYA)

                                                      PRESIDENT

 

(NIPUR CHANDNA)                                                           (H M VYAS)

      MEMBER                                                                       MEMBER