Delhi

New Delhi

CC/104/2020

Deepak Kohil - Complainant(s)

Versus

M/S. L& T Housing Finance Ltd. - Opp.Party(s)

21 Oct 2020

ORDER

 

NEW DELHI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110001

 

Case No.CC.104/2020                                 Dated:

In the matter of:

1.     Mr. Deepak Kohli,

S/o Sh. Vipin Kumar Kohli

 

2. Mr. Vipin Kumar Kohli,

        S/o Late Sh. Bishamber Nath Kolhi

 

3. Mrs. Neelam Kohli,

W/o Sh. Vipin Kumar Kohli

 

All Residents of

 

           E-30, 1^st Floor, Ashok Vihar, Ph. I,

           Delhi-110052.

 

4.         M/s Victory Overseas(India)

Having office at E-30, Ashok Vihar, Ph.I,

Delhi-110052.

                   ……..COMPLAINANTS

VERSUS

             L &T Housing Finance Ltd.

At 5^th Floor, DCM Building,

Connaught Place, New Delhi.

                                                                                                                                                       ...........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 of Rs.3,90,396.37/-  along with 18% interest besides other relief i.e. compensation and cost of litigation.

3.     Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant-1 that  office of OP is situated at Connaught Place, New Delhi,  within the territorial jurisdiction of this Commission, so this Forum was competent to adjudicate the matter.

4.     In the present case, the complainant was residing at Ashok Vihar, Delhi.  The perusal of the file shows that the cause of action i.e. loan was sanctioned from Mumbai office of OP and all the correspondence exchanged between the parties took place  from the Mumbai office which  does not fall within the territorial jurisdiction  of this Commission.

5.     The OP mentioned in the array of the party is having its office at Connaught Place Delhi but the complainant has failed to place on record any document which proves that any cause of action or part of it arose from the office of the OP at Connaught Place, New Delhi, hence, neither the OP nor the cause of action arose within the territorial jurisdiction of this District Commission.

6.     We are, therefore, of the view that this Commission does not have the territorial jurisdiction to entertain the complaint for want of territorial jurisdiction in view of the judgment of Hon’ble Supreme Court decided  on 20/10/2009  in Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004. The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment. A copy of the complaint be retained for records. Complaint is accordingly, disposed off in above terms. The copy of the order be sent to complainant free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on21/10/2020.                 

 

 

 ( ARUN KUMAR ARYA)

PRESIDENT

 

 

 

(H M VYAS)

MEMBER