DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.849 of 2018

                                                Date of institution:  07.08.2018                                             Date of decision   :  30.11.2018

Ram Kishan son of Shri Mathra Dass, resident of H.No.H.E. 11-A, Phase-9, Tehsil and District SAS Nagar (Pb.).

…….Complainant

Versus

1.     Nature Farms and Real Estates Pvt. Ltd. through its Managing Director Shri Neeraj Thatai alias Neeraj Arora,  9, Sunder Nagari, Opposite Children Park,  Hanumangarh Road, Abohar (Punjab).

2.     Nature Farms and Real Estates Pvt. Ltd. through Shri Amit Kukar,  (Director) 9, Sunder Nagari, Opposite Children Park,  Hanumangarh Road, Abohar (Punjab).

3.     Nature Heights Infra Ltd. through Shri Ankit Grover,  Branch Manager, SCO No.20, Ground Floor, Phase-1, SAS Nagar (Pb.)

4.     Nature Heights Infra Ltd. through Shri Ankit 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

                Mrs. Natasha Chopra, Member

Present:     None for complainant.

Order by :-  Shri G.K. Dhir, President.

Order

                Complainant approached OPs for booking of flat in the project named as Natural Hotel & Resort, Abohar for residential purpose and paid Rs.2,50,000/- on different dates. However, OPs have not obtained requisite approvals for the project from authorities concerned. No objection certificate, approval of 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. So refund of deposited amount of Rs.2,50,000/- with compound interest @ 18% per annum from the date 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 Abohar. So this complaint is disposed of at this stage, more so when none has turned up for complainant today and even correct address not 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. 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 Abohar area due to non providing of promised plot/accommodation there and as such virtually cause of action accrued within territorial jurisdiction of Abohar 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 shows that property is situate in Abohar and even it is so pleaded in the complaint and as such in view of location of property at Abohar, 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 30, 2018.

                                                                (G.K. Dhir)

                                                                President

(Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member