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

Consumer Complaint No.542 of 2018

                                               Date of institution:  15.05.2018                                         Date of decision   :  15.01.2019

Satish Kumar son of Shri Devki Nand Sharma, resident of 5, Ladakh Scouts C/o 56APO, Chandigarh.

…….Complainant

Versus

1.     Nature Heights Infra Ltd. through Shri Neeraj Thatai alias Neeraj Arora (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 its Branch Manager Shri Ankit Kumar Grover, SCO No.20, Ground Floor, Phase-1, SAS Nagar (Pb.)

4.     Nature Heights Infra Ltd. through its Branch Manager Shri Ankit Kumar Grover 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,

                Mrs. Natasha Chopra, Member.

Present:    Ms. Sofia Paul, counsel for complainant.

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

Order

               On knowing about OP launching of project at Village Darbaan Khaas, Tehsil and District Pathankot, complainant booked plot and received agreement from the OPs, but it is clamed that said agreement is not got signed from the complainant. Complainant claims to have paid Rs.80,000/- towards sale consideration of the plot. OPs are working in illegal and unethical manner for adopting unfair trade practice. So by pleading deficiency in service on part of OPs, prayer made for directing OPs to refund deposited amount of Rs.80,000/- alongwith compensation for mental harassment and agony.

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.

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 lies with the Fora within whose jurisdiction the suit property is situate. 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 deserves to be returned for presentation before the Forum having territorial jurisdiction in accordance with law.

4.             Even if Branch Office of the OPs situate at Mohali, 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 agreement of sale shows that property is situate in Pathankot District and even it is so pleaded in the complaint and as such in view of location of property at Village Darban Khas,  Tehsil and District Pathankot, the complaint in this Forum is not maintainable.  Virtually contradictory pleas are taken by complainant regarding booking of plot on the basis of agreement, but by claiming that complainant is not bound by terms and conditions of the agreement because the same is not signed by complainant. No one will make payment of monthly installments unless aware of terms and conditions of sale and as such plea taken in the complaint not acceptable that complainant is not bound by terms and conditions of the agreement for sale.

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 complainant as per rules. 

Announced

January 15, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member