Chandigarh

DF-I

CC/353/2017

Randeep Singh - Complainant(s)

Versus

Ramesh Chandra, Chairman Unitech Ltd. - Opp.Party(s)

Anant Singh Grewal

31 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                               

Consumer Complaint No.	:	CC/353/2017
Date of Institution	:	25/04/2017
Date of Decision	:	31/05/2019

 

Randeep Singh s/o Sh. Harjit Singh, resident of H.No.714, Sector 11-B, Chandigarh 160011.

… Complainant

V E R S U S

1.     Ramesh Chandra, Chairman Unitech Ltd., Regd. Office – Unitech Ltd., 6, Community Centre Saket, New Delhi-110017

2.     Unitech Ltd., Marketing Office, Unitech House, L Block, South City-1, Gurgaon, Haryana, through its Managing Director.

3.     Unitech Ltd., SCO 189-90-91, Sector 17-C, Chandigarh, through its Managing Director.

4.     M/s Pioneer Profin Ltd. through its Managing Director, Regd. Office : A-22, 3^rd Floor, Green Park, Aurobindo Marg, New Delhi-110016.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                     

 

ARGUED BY	:	Sh. Mandeep Singh, Counsel for complainant
	:	Smt. Vertika H. Singh, Counsel for OPs 1 to 3
	:	Sh. Rajat Khanna, Counsel for OP-4

Per Rattan Singh Thakur, President

1.         Averments are, complainant was allotted flat No.1101, 11^th Floor, Block/Tower No.12, in Fresco, Nirvana Country, Sector 50, Gurgaon on total payment of Rs.70,42,116/- to the OPs.  His case is, amount of Rs.1,66,215/- was paid to the OPs for maintenance charges upto December 2016 and also a sum of Rs.1,35,894/- for increase of super area from 1629 sq.ft. to 1662 sq.ft. The complainant was given letter of possession on 12.8.2015 and was handed over possession on 26.11.2015 instead of 26.9.2015. Physical possession was given without two split air conditioners of two ton each for drawing and dining room alongwith transformers; three split air conditioners of 1.5 tone each for 3 bedrooms alongwith transformers; one double door refrigerator with transformer; one glass partition in the bathroom; wooden profiling in flat; door phone etc.   Due to want of these amenities, the flat could not be rented out.  As such, there has been deficiency in service on the part of OPs. Hence, the present consumer complaint praying for refund of the amount of Rs.11.55 lacs on account of missing items; compensation of Rs.1,00,000/- for indulging in unfair trade practice and deficiency in service; compensation of Rs.1,00,000/- for causing mental torture, harassment etc.; compensation of Rs.1,00,000/- towards punitive damages and Rs.22,000/- as litigation costs.
2.         OPs 1 to 3 filed their joint written reply and raised preliminary objections, this Forum has no territorial jurisdiction as the cause of action had arisen at Gurgaon. Besides it, it is the case, complainant is not a consumer as it was investment for commercial gains and the complainant wanted to rent it out.  Other allegations were also denied. On these lines, the cause is sought to be defended.
3.         OP-4 file separate written statement vide which claim of the complainant was denied and claimed matter pertained to OPs 1 to 3.  On these lines, the cause is sought to be defended.
4.         Rejoinders were filed and averments made in the consumer complaint were reiterated.
5.         Parties led evidence by way of affidavits and documents.
6.         We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
7.          There are numerous legal and factual points on point of maintainability of the consumer complaint and nature of the consumer complaint being investment as it was sought to be rented out.  However, this Forum thought it appropriate not to discuss these points and record findings as the preliminary issue is with regard to the territorial jurisdiction of this Forum and in case a finding is given on merits, it may cause prejudice to the parties.  If we hold this Forum lacks territorial jurisdiction, then findings on merits would be without jurisdiction. 
8.         In view of the aforesaid discussion, as referred in the foregoing paragraph, firstly we shall take up the legal issue on point of territorial jurisdiction of this Forum to entertain and dispose of the consumer complaint. 
9.         It is the own admitted case of the complainant, the flat is situated in District Gurgaon, Haryana.  It is also the admitted case, as per pleadings of the parties, the amenities were to be affixed in the flat located at Gurgaon. It is further the case, buyer’s agreement was executed between the parties on 1.11.2006 at Gurgaon.  Deficiency in service was also allegated to have taken place at Gurgaon.  This shows, cause of action, if any, had arisen within the local limits of District Forum, situated at Gurgaon, Haryana.
10.         The complainant wants to cloth the territorial jurisdiction at Chandigarh for the simple reason that he is resident of Chandigarh and one of the branch offices of the OPs is also situated at Sector 17C, Chandigarh. Pertinently, branch offices of the OPs are also situated at Gurgaon, Haryana; Delhi and New Delhi. 
11.         In case Sonic Surgical Vs. National Insurance Company Ltd., IV (2009) CPJ 40 (SC), the Hon’ble Apex Court held that branch office means where the cause of action has actually arisen. The cause of action, in the present case, has arisen where the property is situated or the agreement was executed i.e. Gurgaon. Since the cause of action had arisen within the jurisdiction of branch office at Gurgaon, therefore, for the purpose of conferment of territorial jurisdiction, cause of action had arisen within the local limits of branch office at Gurgaon (Haryana) and not at Chandigarh.  If the contention of the complainant is accepted to be true that would mean even if the branch offices of the OPs are situated in 29 other states of the country, a consumer complaint can be filed at any such place. It is not acceptable at all.  Per law, residence of complainant at Chandigarh will not confer jurisdiction to entertain at Chandigarh.
12.         Thus, in the light of the judgment of the Hon’ble Apex Court, referred hereinbefore, it is clear that branch office means where the cause of action had arisen i.e. Gurgaon (Haryana). As such, this Forum has no territorial jurisdiction to entertain, try and decide the present consumer complaint
13.         In view of the above discussion, the present consumer complaint is not maintainable before this Forum. The consumer complaint alongwith documents be returned to the complainant against proper receipt after retaining photocopy thereof with the remarks that, if so advised, it be presented before the Forum of competent jurisdiction i.e. Gurgaon.
14.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
31/05/2019	[Suresh Kumar Sardana]	[Rattan Singh Thakur]
hg	Member	President