CC/532/15  

Mandeep Kaur                        Vs.                   The Nature Heights.

4.9.2015. Present: None for the complainant.

               None appeared on behalf of the complainant.  The complainant has filed the present complaint with submission that the complainant purchased property measuring 1000 square feet  situated at village: Bringali, Tehsil: Mukerian, District Hoshiarpur vide agreement dated 28.11.2012 from Opposite Party No.1. Said property and its payment is subject matter in dispute in the present case.  As per agreement produced by the complainant himself dated 28.11.2012, it is clear that the agreement was executed at Abohar, Tehsil: Abohar, District Fazilka (Punjab) on 28.11.2012 between the parties i.e. Opposite Party No.1 and the complainant. Complainant stated that he deposited some installments regarding payment of the price of property in question at Branch Office of Opposite Party No.1 at Amritsar, so this Forum has territorial jurisdiction to try and decide the present case.

2. We have gone through the complaint and  have also minutely gone through the documents placed on record i.e. record produced by the complainant himself i.e. agreement of sale dated 28.11.2012. The property in question which is subject matter in dispute is situated at village: Bringali, Tehsil: Mukerian, District Hoshiarpur, whereas the parties have entered into an agreement regarding the sale of the property on 28.11.2012 at Abohar, Tehsil: Abohar, District Fazilka (Punjab). No cause of action has arisen to the complainant at Amritsar. By making payments of some installments at Branch Office of Opposite Party No.1 at Amritsar  does not create cause of action, because the payment can be made even online these days or through other means i.e. by cheque from the bank situated at Amritsar or Calcutta or Mumbai or Delhi, etc.. and that does not create cause of action or create territorial jurisdiction of that court. In this case, the cause of action accrued to the complainant and the Opposite Parties at Mukerian, District Hoshiarpur where the property is situated or at Abohar, District Fazilka where the agreement of sale of purchase of the property in question was executed between the parties. So, jurisdiction for complaint is either at District Consumer Forum, Hoshiarpur or Ferozepur (as Fazilka District lies under the territorial jurisdiction of District Consumer Forum, Ferozepur) and this Forum at Amritsar has no territorial jurisdiction to try or entertain the present complaint.
3. Resultantly, it is ordered that complaint be returned to the complainant and the complainant shall be at liberty to file the same  at the appropriate Forum having territorial jurisdiction. Copy of this order be supplied to the complainant, free of cost and the file be consigned to record room.

Announced in open Forum.

Dated: 4.9.2015.                                                       (Bhupinder Singh)                                                                                                    President

hrg                                                 (Kulwant Kaur Bajwa)    (Anoop Sharma)

              Member                         Member