Delhi

New Delhi

CC/89/2020

Anwar Zaman Hassan - Complainant(s)

Versus

M/s. The General Manager Syndicate Bank & Others - Opp.Party(s)

28 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.89/2020                                   Dated:

In the matter of:

Md. Anwar Zaman Hassan,

C/o Signature Smile Dental Clinic,

Gali No.2, Sangam Vihar, Near Ghausiya Masjid,

Wazirabad, Distt. North, Delhi.

                   ……..COMPLAINANT

VERSUS

1.      The General Manager,

Syndicate Bank, Zonal Office,

Sarojini House, 6, Bhagwan Das Road,

New Delhi-110001.

 

2.      The Chief Manager,

Syndicate Bank, Q Block,

51, GT Road, Near Gurudev Place,

Near Sharda Nagar, Kanpur(UP).

 

3.      General Manager,

Syndicate Bank, Zonal Office,

             3^rd Floor, Halwasia court Building,

24, MG Road, Hazaratganj,

            Lucknow

 

4. The Chairman & Managing Director,

Syndicate Bank., Head Office,

           Manipal( Karnataka)

 

       

                                                                                                                                                   …........OPPOSITE PARTY

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

File taken up through Video Conferencing.

2.     The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986, alleging deficiency in services and claiming refund of excess amount of interest to the tune of Rs.2,68,187.46/- 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 that  one  office of OP is situated at  Bhagwan Das Road, New Delhi,  within the territorial jurisdiction of this Commission, so this Commission is competent to adjudicate the matter.

4.     In the present case, the complainant was residing at Wazirabad, North Delhi.  The perusal of the file shows that the cause of action i.e. loan was availed from the office of OP situated at Ghaziabad  and all the correspondence  exchanged between the parties took place  from the Kanpur  office of OP-2 which does not fall within the territorial jurisdiction  of this Commission,  hence, no cause of action or part of it arose within the Territorial Jurisdiction of this District Commission.

5.     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 on 28/10/2020.

 

 ( ARUN KUMAR ARYA)

PRESIDENT

 

 

 

(H M VYAS)

MEMBER