DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL) ISBT KASHMERE GATE DELHI
CC/334/2019
No. DF/ Central/ Date
Shriya Chanda
D/o Jatinder Chanda
10/61 Vikram Vihar, Lajpat Nagar – IV
Delhi - 110024
…..Complainant
VERSUS
1. OLD WORLD HOSPITALITY PVT. LTD.
Hotel Broadway
4/15A Asaf Ali Road,
New Delhi - 110002
2. THE MANAGER
All American Diner
Indian Habitat Centre
GT – 3, Lodhi Road, Near Lodhi Police Station,
New Delhi - 110003
.…. Opposite Parties
Coram : Ms. Rekha Rani, President
Ms. Manju Bala Sharma, Member
Shri R.C. Meena, Member
ORDER
Ms. Rekha Rani, President
- Instant complaint has been filed by Shriya Chanda (in short the complainant) under Section 12 of the Consumer Protection Act, 1986 as amended up to date pleading therein that Old World Hospitality Pvt. Ltd., Hotel Broadway (in short OP 1) is a catering company having 30 restaurants. Complainant on 11/12/2018 visited Manager All American Diner (in short OP 2) with her friend. She ordered some dishes/beverages as mentioned in the Bill No. AD00099572 for Rs. 1538/- including service charges of Rs. 118/-. As the quality of the services provided by OP 2 were not satisfactory and she was made to wait for too long she requested for waiver of service charges as per guidelines qua ‘‘FAIR TRADE PRACTICES RLATED TO SERVICE CHARGING FROM CONSUMERS BY HOTELS/RESTAURANTS issued by Ministry of Consumer Affairs, Food and Public Distribution, Government of India vide notification no. J-24/9/2014-CPU (pt.) dated 21st April 2017.’’
When complainant’s grievances were not redressed by OPs she sent legal notice dated 19/01/2019 to them through her counsel to compensate her for misbehavior and illegal charging of service charges to which no reply was sent by the OPs. Hence the instant complaint seeking direction to OP to pay her Rs. 30,000/- towards deficiency of service and Rs. 15,000/- towards litigation cost and in alternative to refund the service charges and also to stop advertisement/dealings of their services as they are indulging in unfair trade practices.
2. Complainant served legal notice dated 09.01.2019 to Coffee Day Global Ltd. Bangalore and Cafe Coffee Day Hauz Khas, New Delhi alleging therein that she visited their restaurant on 03.01.2018 with her friend and ordered variety of foods and beverages. The services provided by them was not satisfactory and she was made to wait for too long for service of coffee. She claimed compensation of Rs.20,000/- from them for causing her mental agony and wrongful restraint suffered due to misbehaviour of their employees.
The said two concerns namely Coffee Day Global Ltd. and Cafe Coffee Day are not specifically made parties in the complaint. The complaint is against Old World Hospitality Pvt. Ltd. (OP-1) and All American Diner Indian Habitant Centre (OP-2). Nowhere in the complaint it is clarified as to how this Forum has territorial jurisdiction. No part of cause of action which allegingly arose in favour of the complainant is indicated to have arisen within the territorial jurisdiction of this Forum.
3. Ms. Princce Aroraa Counsel for complainant addressed arguments at admission stage. Complainant has placed on record copy of the said legal notice dated 9th January 2019. The notice was sent to : Coffee Day Global Limited at Coffee Day Enterprise Limited, Coffee Day Square, Vittal Mallya Road, Banglore 560001, Karnataka and Café Coffee Day, F-20, Hauz Khas, Main Market, New Delhi – 110001. No part of cause of action which allegedly arose in favour of the complainant is indicated to have arisen within the territorial jurisdiction of this Forum.
4. The question of territorial jurisdiction is settled by Apex Court in the case of Sonic Surgical Vs. National Insurance Company Ltd (IV) 2009 CPJ 40 Civil Appeal No. 1560/2004 order dated 20.10.2009. In the said judgment it was held that amended section 17 (2) (b) of the Act has to be interpreted in such a way which does not lead to absurd consequences and bench hunting. It was observed that the expression ‘branch office’ in the amended section 17 (2) (b) of the Act would mean the branch office where the cause of action has arisen.
5. Reference may also be made to decision of National Commission in Revision Petition No 1100/2011 titled as Rajan Kapoor Vs Estate Officer, Huda decided on 04.11.2011 wherein District Forum Panchkula allowed the complaint. In appeal the State Commission found that District Forum Panchkula had no territorial jurisdiction following Sonic Surgical (supra). Order of State
Commission directing return of complaint for being presented to District Forum Ambala was maintained by the National Commission while observing that simply because Head Office of HUDA was in Panchkula , Panchkula District Forum did not have jurisdiction as no cause of action had arisen at Panchkula.
6. Hon’ble National Commission has shown concern that various District fora within the territory of NCT of Delhi exercise their jurisdiction strictly in accordance with the terms of Govt of Delhi Directorate of Consumer Affairs, Gazette Extraordinary (Part IV) Notification No. F. 50 (47) 96/F& S (CA) dated 20.04.1999 which is necessary to avoid forum shopping by the parties to consumer dispute.
7. Since no part of cause of action has arisen within the territorial jurisdiction of this Forum, this Forum does not have territorial Jurisdiction. The complaint be accordingly returned to the complainant along with an endorsement containing the date of presentation and date of return of the complaint, name of the complainant presenting the complaint and brief statement of reasons for returning the complaint for its presentation before Forum having jurisdiction within two weeks from the date of receipt of copy of this order.
Announced on this ___th Day of _______ 2020.
