Delhi

New Delhi

CC/202/2020

White Line Airways - Complainant(s)

Versus

M/S. M/S. Kotak Mahindra Bank Ltd. - Opp.Party(s)

08 Mar 2021

ORDER

 

WHITE LINE AIRWAYS VS. KOTAK MAHINDRA BANK LTD.

 

Date-08/03/2021                                                                               CC- 202/2020

Case is taken through Video Conferencing.

Present:-

Adv. Mr. Vivek Sharma, Counsel for Complainant.

During the course of the admission it is transpired that the case pertains to Mayur Vihar, Delhi 110091, branch of the OP, hence, the same does not fall under territorial jurisdiction of this Commission.

Adv. Mr. Vivek Sharma, counsel for complainant wants to withdraw the present complaint on the ground of territorial jurisdiction with liberty to file the same as per law. Heard. Allowed.

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 2004 decided by Hon’ble Supreme Court on 20/10/2009.

In the light of the judgement cited above and the legal position discussed, we hold that this District Commission has not territorial jurisdiction to entertain and adjudicate the present complaint. Let the complaint be returned to the Complainant along with documents with the liberty to file it before the appropriate Commission in accordance with law. A copy of the complaint be retained for records. Complaint is accordingly, dismissed as withdrawn in above terms. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

 

           

 

                                              (ARUN KUMAR ARYA)

                                                        PRESIDENT

 

 

 

                                                 (Dr. R.C. MEENA)

                                                         MEMBER