Quorum  : Ms. Rekha Rani, President

                   Dr. Vikram Kumar Dabas, Member                           

                                                              ORDER                                       

Rekha Rani, President

1.  As per submissions made in the complaint complainant purchased two wheeler vehicle Activa model from OP1 having its place of work at 6A, Netaji Subhash Marg, Daryaganj, New Delhi-110002. OP2 is the manufacturer of the said  two wheeler having its place of work at Honda Motorcycle & Scooter India Pvt. Ltd. , Plot no. 1, Sector 3 , IMT Manesar, Distt. Gurgoan,Haryana. As per further submissions complainant  took the said vehicle  at 9/81, Kailash Nagar, Delhi-110031   for removal of defects.  No part of cause of action arose within the territorial jurisdiction of this forum. Admittedly the OPs have their work places at 6A, Netaji Subhash Marg, Daryaganj, New Delhi-110002 and at Plot no. 1, Sector 3 , IMT Manesar, Distt. Gurgoan, Haryana and  service center at 9/81, Kailash Nagar, Delhi-110031 . 
2. 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. In the said judgment it was held that  amended section 17 (2) (b) of the Consumer Protection 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) would mean the branch office where the cause of action arise.
3. 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.
4. 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.  According to the said notification dated 20.04.1999 District Forum (Central )  is competent to exercise jurisdiction only over cases falling in Areas within police stations namely Chandni Mahal, Jama Masjid, Hauz Quasi, I.P. Estate, Pahar Ganj, D.B.G. Road, Nabi Karim, Karol Bagh, Prasad Nagar and  Rajinder Nagar.
5. In  other words , if OP resides or works for gain within the area of any of the said Police Stations and if cause of action wholly or partly arises within the area of said police stations only then this forum will be competent to adjudicate the complaint.
6. It is therefore clear that if cause of action has arisen in an area not falling with the territorial jurisdiction of this forum as  enumerated vide Gazette Notification No.  F. 50 (47) 96/F& S (CA) dated 20.04.1999  this forum cannot proceed with the complaint. This view is fortified by Apex Court Judgment in Sonic Surgical (supra). 
7. Since No part of cause of action arose within the jurisdiction of this forum  the complaint is dismissed  with liberty to file the same  in the forum having appropriate jurisdiction. Copy of this order be sent to the parties as per rules. File be consigned to record room.

                   Announced this ___________day of __________2017.