Heard. We have perused the complaint as well as documents produced on record i.e. affidavit of the Complainant Ex.C8 alongwith copies of documents Ex.C1 to Ex.C7.
Perusal of the case file shows that none of the Opposite Parties having their office or branch office here within the territorial jurisdiction of this Forum. Opposite Party No.1 SDO has having its office at Bhagta Bhai Ka, District Bhatinda. As per the version of the Complainant, the impugned inflated bill has been sent to the Complainant by Opposite Party No.1 SDO has having its office at Bhagta Bhai Ka, District Bhatinda.
Under the Consumer Protection Act, 1986 , State Government established Consumer Disputes Redressal Commissions by name District Forum in each District of State, and also State Commission vide its Notification and Central Government established National Consumer Disputes Redressal Commission by name National Commission.
Jurisdiction of the District Forum to entertain a case depends on three factors namely, subject matter of the complaint, pecuniary and territorial limits and the place where the cause of action takes place partly or wholly. Act confers the power on District Forum to entertain the complaints pertaining to the value of goods or services. Territorial jurisdiction to be decided based on the following factors:
- The place where the Opposite party or parties actually resides, or carries business or has a branch office or place where works for gain, at the time of filing the complaint
- Where there are more than one opposite party, then the place where any one of the Opposite parties actually resides, or carries business or has a branch office or place where works for gain
But perusal of the file shows that none of the Opposite Part (s) has a branch office here within the jurisdiction of this Forum, at Moga , hence, we are of the view that this Forum here at Moga has having no territorial jurisdiction to entertain the present complaint. Hence, the present complaint is dismissed as dismissed. The file be consigned to record room. However, the Complainant is at liberty to file the same case on same cause of action having proper jurisdiction under law. The original papers, if any, be returned to the complainant under receipt. File be consigned to record room after compliance.
Announced in open Forum.
Dated: 14.09.2018.
