Delhi

New Delhi

CC/79/2015

Ratan Main - Complainant(s)

Versus

M/S. The Royal Bank Of Scotland - Opp.Party(s)

02 Mar 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.79/2015                               Dated:

In the matter of:

Rattan Mani,

D-815, New Friends Colony,

New Delhi-25.

   ……..COMPLAINANT

VERSUS

The Royal Bank of Scotland,

Hansalaya Building,

15, Barakhamba Road,

New Delhi-01

                                                                ………. Opposite Parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986, alleging deficiency in services and claiming  a sum of Rs.5,04,030.99 besides other relief

2.     Complaint has been contested by OP.  OP strongly challenged the  issue of territorial jurisdiction, hence need to be decided first.   It is argued on behalf of OP that the complainant resides at New Friends Colony, New Delhi and the correspondence regarding issuance of NOC was done with ABN AMRO bank(Head Office) which is situated at Mumbai and does not falls within  the Territorial jurisdiction of this Forum.  Hence, this Forum does not have  jurisdiction to entertain and adjudicate the present complaint.

3.     The perusal of the file shows that the cause of action i.e. the settlement was offered from Gurgaon office of OP and all the correspondence exchanged between the parties from the Mumbai as well as Gurgaon office of the OP.    The complainant has failed to place on record any document which shows that any cause of action of part of cause of action falling under the territorial jurisdiction of this Forum. In other words neither the OPs nor the cause of action arose within the territorial jurisdiction of this Forum.

      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, the Hon’ble Supreme Court passed the following orders:-

“Ld. Counsel for the appellant submitted that the respondent-insurance company has a branch office at Chandigarh and hence under the amended Section 17 (2) t he complaint could have been filed in Chandigarh.  We regret, we cannot agree with the Ld.Counsel for the appellant. In our opinion, an interpretation has to be given to the amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence.  If the contention of the Ld.Counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated.  We cannot agree with this contention.  It will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression ‘branch office’ in the amended Section 17(2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity.  [vide G.P.Singh’s Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79]

 

In the present case, since the cause of action arose at Ambala, the State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint.”

 

4.     We are, therefore, of the view that this Forum 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 in Sonic Surgical case (Supra). The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment for filing before appropriate forum as per law. Complaint is accordingly, disposed off in above terms.

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   02/03/2020.

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER