Jammu and Kashmir

Jammu

CC/56/2018

JALAL DIN - Complainant(s)

Versus

NAZAR AHMED - Opp.Party(s)

17 Dec 2018

ORDER

COURT OF DISTRIC CONSUMER FORUM JAMMU.

                                                       PRESENT:

                                                                    Mr.Sunit Gupta          -President

                                                                    Ms.Vijay Angral         Member

                                                                    Mr.Ghulam Sarwar Chauhan Member

 

Case File No.                Date of Institution              Date of Order

     445                            10-02-2018                       17-12-2018

 

Jalal Din                   V/S Dr.Nasar Ahmed Rounyal & Anr.

                                    ORDER

                            Nemo for the parties. On careful perusal of the file, it reveals that this Forum lacks territorial jurisdiction to decide the instant complaint because the Ops are having place of business at Ramban which falls within the jurisdiction of District Ramban and not in Jammu District. The cause of action admittedly has also arisen at Ramban and thus we are of the opinion that admittedly this Forum lacks territorial jurisdiction to  decide the instant complaint in terms of provisions  contained in Section 9(2) of Consumer Protection Act,1987.After amendment of J&K Consumer Protection Act vide Act No.XXI of 2011 the State Government vide SRO 361 dated 13-12-2011 on the recommendation of Hon’ble High Court of Jammu and Kashmir has established District Forum for each District of the State with Principal Distt.& Sessions Judge of each District, as its ex-offico President for the purpose of District concerned w.e.f.08-12-2011 and before that date, this Forum was functioning as Divisional Forum and was having territorial jurisdiction over the Jammu Division/Province but now this District Forum cannot decide any complain t which pertains to other District as per the Provisions of Section 9(2) of the Act.

          Therefore, in the instant case, this Forum in view of the provisions contained in Section 9(2) of the Act lacks territorial jurisdiction to decide the instant complaint and District Forum Ramban has the territorial jurisdiction to decide the same. Thus in the given facts and circumstances of the complaint, the complaint is dismissed. File after its due compilation be consigned to records.

 Announced

17-12-2018                                                                     President

                                                                                     Member

                                                                                     Member