DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.804 of 2018
Date of institution: 02.08.2018 Date of decision : 21.11.2018
Balbir Chand son of Shri Om Parkash, village and Post Office Jandli, Tehsil and District Nawanshehar (Punjab).
…….Complainant
Versus
1. Nature Heights Infra Ltd. through Shri Neeraj Thatai aLOI (Managing Director) 9, Sunder Nagari, Near Children Park, Hanumangarh Road, Abohar (Punjab).
2. Nature Heights Infra Ltd. through Shri Amit Kukar, (Director) 9, Sunder Nagari, Near Children Park, Hanumangarh Road, Abohar (Punjab).
3. Nature Heights Infra Ltd. through Shri Amit Kumar Grover, Branch Manager, SCO No.20, Ground Floor, Phase-1, SAS Nagar.
4. Nature Heights Infra Ltd. through Shri Amit Kumar Grover, Branch Manager at present residence c/o Sh. Gurdeep Singh, Mohalla Chiri Maar, VPO Sohana, Tehsil and District SAS Nagar (Punjab).
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Present: None for complainant.
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant approached OPs for booking of plot of 3600 sq. ft. for residential purpose and paid Rs.65,250/- on different dates. First installment was paid through Mohali Branch Office. Total price was payable in 72 installments, but complainant paid upto 25th installment. OPs have not obtained requisite approvals for the project from authorities concerned. No objection certificates, approved maps and permissions alongwith income tax clearances have not been obtained from the concerned departments. OPs are working in illegal and unethical manner for adopting unfair trade practice and that is why dream of complainant to build a house by paying amount in easy installments will not come true at any time. So refund of deposited amount of Rs.65,250/- with interest @ 18% per annum from the dates of investment alongwith compensation for mental harassment and agony and litigation expenses etc. claimed.
2. Earlier complaint was admitted, but now latest law on the subject has come to the notice of this Forum for finding that this Forum has no territorial jurisdiction because of property situate in Pathankot District. So this complaint is disposed of at this stage, more so when none has turned up for complainant today and nor correct address submitted.
3. Relying on case of Sonic Surgical Vs. National Insurance Company Ltd. 2010(1) CLT 252 of Hon’ble Supreme Court of India and of case Girish Ahuja Vs. Panchsheel Colonizers Pvt. Ltd. 2018(2) CPR 278 (NC), Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in First Appeal No.807 of 2017 titled as Preet Pal Vs. M/s. Nature Heights Infra Limited decided on 13.07.2018 has held that in cases relating to immovable property, jurisdiction to entertain lis is with the Fora within whose jurisdiction the suit property is locate. These are in fact observations of Hon’ble National Consumer Disputes Redressal Commission in case of Girish Ahuja Vs. Panchsheel Colonizers Pvt. Ltd. (supra) and that is why Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh held that cause of action in the event of breach of agreement of sale of plot/property accrues within territorial jurisdiction of the Forum, where property is situate. Ratio of these cases fully applicable to the facts of the present case and as such in view of property/plot in question being situate in territorial jurisdiction of Pathankot Forum, the complaint deserves to be presented in that Forum. This Forum has no territorial jurisdiction to entertain the complaint because no cause of action arose within the territorial jurisdiction of this Forum and as such complaint returned for presentation before the Forum having territorial jurisdiction in accordance with law.
4. Even if part payment made through Branch Office, Mohali is alleged, but despite that breach of terms of agreement of sale committed in Pathankot area due to non providing of promised plot/accommodation there and as such virtually cause of action accrued within territorial jurisdiction of Pathankot area and not in the territorial jurisdiction of this Forum. It is the breach of agreement and the terms thereof that to give rise to cause of action and not the place of making part payment. Perusal of legal notice and one of the receipt of payment shows that property is situate in Pathankot and even it is so pleaded in the complaint and as such in view of location of property at Pathankot, the complaint in this Forum is not maintainable.
5. As a sequel of above discussion, complaint ordered to be returned to complainant for presentation before the Forum having territorial jurisdiction in accordance with law. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
November 21, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
