Punjab

Fatehgarh Sahib

CC/2/2016

Balbir Singh - Complainant(s)

Versus

PSPC Ltd - Opp.Party(s)

SH Jp Singh

03 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                                Consumer Complaint No.02 of 2016

                                                            Date of institution:  04.01.2016                 

                                              Date of decision  :   03.06.2016.

Balbir Singh, age 60 years son of Mula Singh R/o village Pawala, Tehsil Bassi Pathanan and District Fatehgarh Sahib.

……..Complainant

Versus

 

1.     PSPCL, through Xen ( Senior Executive Engineer), PSPCL Division Sirhind, G.T.Road, Sirhind, Tehsil and District Fatehgarh Sahib.

2. Assistant Executive Engineer (SDO) Sub Division Gajjukhera, Rajpura.

  …..Opposite Parties

Complaint under Sections 12 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President

Smt. Veena Chahal, Member           

Sh. Amar Bhushan Aggarwal, Member

 

Present :      Sh.J.P.Singh Adv.Cl. for the complainant.

                   Sh. Vinay Sood, Adv.Cl. for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

 

                   The ld. counsel for the opposite parties(hereinafter referred as OPs) has filed an application for dismissal of the complaint for want of jurisdiction. The ld. counsel submitted that OP No.1 i.e XEN, PSPCL Division,G.T.Road,Sirhind does not have the jurisdiction over  OP No.2, i.e. Sub Division, Gajjukhera, Rajpura. He argued that there is no concern of OP No.1 and no transaction’s took place within territorial jurisdiction of this Forum. The ld. counsel also pointed out that from the annexed documents, it is very much evident that no part of cause of action arose within territorial jurisdiction of this Forum. The ld. counsel   prayed for dismissal of the present complaint.

2.                On the other hand, the ld.counsel for the complainant has stated that part of cause of action arose within the territorial jurisdiction of this Forum as the complainant is residing and the meter is also installed within the territorial jurisdiction of this Forum. The ld. counsel also argued that the present complaint is within jurisdiction of this Forum as the matter pertaining to territorial jurisdiction had already been decided by this Forum, hence prayed for dismissal of the application.

3.       We have heard the arguments of the ld.counsel of the parties on the point of territorial jurisdiction. We find force in the submissions of the ld. counsel for OP No.1. In the present case we are of the opinion that OP No.1 is not having any branch dealing with the electricity connection/meter of the complainant i.e within territorial jurisdiction of this Forum. The consumption bills were also got deposited with OP No.2 and the complainant has also alleged deficiency of service on the part of OP No.2.  Merely because the complainant is residing and the meter is installed within territorial jurisdiction of this Forum  does not entitle the complainant to file the present complaint before this Forum. Moreover as per Section 11(2) of the Consumer Protection Act the present complaint cannot be entertained by this Forum. The relevant part is reproduced below:

 Section:11; (2)   A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—

(a)     the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or

(b)     any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

(c)  the cause of action, wholly or in part, arises

4.                The Hon’ble Supreme Court in a case Sonic Surgical Vs National Insurance Company Ltd.(2010)1 SCC 135   elaborately discussed that where the complaint can be filed on the basis of arising of cause of action, relevant part of the judgment is reproduced;   “In our opinion, an interpretation has to be given to the  amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence. If the contention of the learned counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated. We cannot agree with this contention. It will lead to absurd consequences and lead to bench hunting. In our opinion, the expression 'branch office' in the amended Section 17(2) would mean the branch office where the cause of action has arisen. No doubt this would be departing from the plain and literal words of Section 17(2)(b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity. [vide G.P. Singh's Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79]”

5.                Accordingly in view of the aforesaid discussion and the judgment of Hon’ble Apex Court in case of Sonic Surgical Vs National Insurance Company Ltd.(Supra) this Forum does not have the territorial jurisdiction to adjudicate upon the present complaint. At the time of consideration on the present complaint the point of jurisdiction was not discussed by the complainant.  Hence we direct that the present complaint be returned to the complainant, so that the complainant can seek the redressal of his grievances before the appropriate Fora having territorial jurisdiction..

6.                Copy of the order be sent to the parties free of cost and thereafter copy of the complaint be retained in the record room.

  Pronounced

  Dated:03.06.2016

(A.P.S.Rajput)

 President

 

 

(Veena Chahal)    

 Member

 

          (A.B.Aggarwal)

          Member