Delhi

New Delhi

CC/436/2018

MR. CHANDRANSHU SINGH - Complainant(s)

Versus

M/S. SUPERTECH LIMITED. - Opp.Party(s)

08 Jan 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.436/2018                                Dated:

In the matter of:

Sh. Chandranshu Singh,

S/o Dr. Krishna Murari Singh,

R/o C-19/1,  Cosmos Villa, Ardee city,

Sec.52, Gurgaon, Haryana-122001.

                 ……..COMPLAINANT

VERSUS

M/s Supertech  Ltd.,

Having its Registered Office at:

1114, 11^th Floor, Hemkunt Chamber,

89, Nehru Place,  New Delhi-110019.

Opposite Party.

 

NIPUR CHANDNA, MEMBER

ORDER

Complaint is filed by the complainant under section 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OP.  Arguments on admission of complaint were heard.  We have gone through the complaint as well as documents filed with it.   The brief facts of the complaint are that the complainant booked a Unit No.Golf Suitec A-1/0608 and made a payment of Rs.3,78,928/- to the OP from 19.8.13 to 25.10.13 in the upcoming project of the OP namely Golf Village-Golf Country, TS-5, Sector 22D, Yamuna Expressway(UP).   It is alleged that OP promised to hand over the possession upto September,2017 but till date no development took place at the alleged site. It is further alleged that the OP raised a demand of Rs.3,84,332/- along with 24% interest from the complainant despite no development took place at the alleged site.  It is submitted that he duly replied to the Legal Notice and also requested it to refund the deposited amount but till date  nothing was done  by the OP, hence this complaint.

2.     Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It was submitted by the complainant that office of the OP is situated at Nehru Place, New Delhi, who works for gain within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.

3.     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 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”.

 

4.     The complainant has placed on record, the copy of allotment letter in which the registered office of the OP is situtated at Nehru Place, New Delhi which does fall within the Territorial Jurisdiction of this Forum.  So, the District Forum having Territorial Jurisdiction over Nehru Place, New Delhi would have the requisite jurisdiction to entertain the present complaint.  

5.     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,  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.

Copy  of   the order may  be  forwarded  to  the  complainant  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 08/01/2019.

 

 

                    (ARUN KUMAR ARYA)

                             PRESIDENT

                     (NIPUR CHANDNA)                                                  (H M VYAS)

                             MEMBER                                                                MEMBER