Haryana

StateCommission

A/975/2016

BIR SINGH - Complainant(s)

Versus

MVL LTD. - Opp.Party(s)

BY

17 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No : 975 of 2016

Date of Institution: 17.10.2016

Date of Decision : 17.11.2016

 

 

Bir Singh son of Late Sh. Chiranji Lal resident of village Tikri, Post Office Fazilpur, Distt. Gurgaon.

                                     

                                                          Appellant –Complainant

 Versus

 

1.      M/S MVL Limited, Corporate Office, Millenium Plaza, Tower-A, Ground Floor, Sushant Lok-1, Sector-27, Gurgaon through its Managing Director/Manager.

2.      M/S MVL Limited, B-86/1, Okhla Industrial Area, Phase-II, New Delhi- 110020 through its Managing Director/Manager

                                     

Respondents –opposite parties

 

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. Bir Singh-appellant in person.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Bir Singh-Complainant is in appeal against order dated 07.09.2016 passed by the District Consumer Disputes Redressal Forum, Gurgaon (in short, ‘District Forum’) whereby complaint was dismissed for want of territorial jurisdiction.

2.      Complainant filed complaint with allegations that he booked a flat with opposite parties situated at Bhiwadi, Rajasthan and paid the amount in advance.  He paid another sum of Rs.6,19,476/-. However, the possession not being handed over, complainant sought refund of Rs.6,19,476/- .

3.      The opposite parties contested the complaint by raising plea that the District Forum has no territorial jurisdiction besides other objections.

4.      Undisputedly, the agreement between parties was executed at Delhi and all the payments were made at Delhi as per receipts annexed in the file.  The flat is situated at Bhiwadi, Rajasthan.  No cause of action or part of cause of action arose within the territorial jurisdiction of Gurgaon. Thus the District Forum has rightly dismissed the complaint for want of territorial jurisdiction.  The appeal is accordingly dismissed.

 

Announced 17.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member