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

Consumer Complaint No.568 of 2018

                                               Date of institution:  25.05.2018                                         Date of decision   :  01.05.2019

Safi Mohammad son of Shri Faqir Mohammad, resident of village Sukhgarh, P/O Manauli, Tehsil and District Ajit Garh (Punjab)

…….Complainant

Versus

1.     Nature Farms and Real Estate Pvt. Ltd. through Shri Neeraj Thatai alias Neeraj Arora (Managing Director) J-32, First Floor, Najafgarh Road, Ramesh Nagar, New Delhi.

 2.    Nature Farms and Real Estate Pvt. Ltd.  through Shri Neeraj Thatai alias Neeraj Arora (Managing Director) Gali No.9, Sunder Nagari, Near Children Park,  Hanumangarh Road, Abohar (Punjab).

3.     Nature Farms and Real Estate Pvt. Ltd.  through Branch Manager Shri Ankit Kumar Grover, SCO No.20, Ground Floor, Phase-1, SAS Nagar (Pb.).

4.     Nature Farms and Real Estate Pvt. Ltd.  through 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 Garhshankar-Anandpur Sahib Highway,  complainant booked plot with the OPs on 21.06.2013, but it is claimed that no agreement has been received or not got signed from the complainant. Complainant claims to have paid Rs.5.00 lakhs 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.5.00 lakhs 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 does not situate within the territorial jurisdiction of this Forum. 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 does not situate in territorial jurisdiction of this Forum, the complaint deserves to be presented in Forum having territorial jurisdiction. 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 outside the territorial jurisdiction of this Forum due to non providing of promised plot/accommodation there. 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 at Garhshankar Anandpur Sahib Highway and as such in view of location of property outside the jurisdiction of this Forum, 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 complainant as per rules. 

Announced

May 01, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member