NCDRC

NCDRC

FA/370/2010

CHANDER SHEKHAR SHARMA @ CHANDRA SHEKHAR BHARDWAJ - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

IN PERSON

31 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 370 OF 2010
 
(Against the Order dated 17/08/2010 in Complaint No. 26/2009 of the State Commission Delhi)
1. CHANDER SHEKHAR SHARMA @ CHANDRA SHEKHAR BHARDWAJ
SECOND FLOOR OF PROMISES NO.A-345 DEFENCE COLONY NEW DELHI-110024
NEW DELHI
...........Appellant(s)
Versus 
1. STATE BANK OF INDIA
STATE BANK BHAWAN MADAM CAMA ROAD MUMBAI-400021
MAHARASHTRA
2. STATE BANK OF INDIA
KOLKATA MAIN BRANCH AT PREMISES NO.1,STRARITI ROAD KOLKATA-700001
WEST BANGAL
3. STATE BANK OF INDIA
PARLIAMENT STREER, NEW DELHI-1
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Appellant :IN PERSON
For the Respondent :MR. JITENDRA KUMAR

Dated : 31 Oct 2012
ORDER

We agree with the view taken by the State Commission that the Delhi Forums do not have the territorial jurisdiction to hear the complaint filed by the complainant as no part of cause of action had arisen within the territorial jurisdiction of Delhi.  State Commission has relied upon the latest judgment of Supreme Court in “Sonic Surgical vs. National Insurance Co. Ltd. (2010) 1 SCC 135” which is binding on us as well.  Dismissed.

          However, liberty is reserved with the appellant to approach the appropriate forum or any other court to seek redressal of his grievance.  If the appellant approaches the forum under Consumer Protection Act, 1986 within 60 days from today, then the period spent by the appellant before the State Commission Delhi shall be excluded while calculating the limitation.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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