Order No. 5 Date: 17-02-2016
Complainant is present by filing hazira.
Today is fixed for hearing on the point of admissibility of this case.
In terms of Sec. 11 of the Consumer Protection Act, 1986,
“a complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, -
- 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
- 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 has a branch office], or personally works for gain, as the case may be, acquiesce in such institution; or
- The cause of action, wholly or in part, arises”
In the instant case, it appears that neither the OP No. 2 has any residence within the local jurisdiction of this Forum, nor it has got any branch office nor it personally works for gain over here. On the other hand, notwithstanding the OP No. 1 has been made a party to this case, it appears that no relief has been sought for by the Complainant against it. In fact, on a cursory eye view of the petition of complaint we find that the Complainant has not made any substantive grievance against it as well. No substantive relief is also sought for against it. There is also no whisper anywhere in the forecorners of the petition of complaint to the effect that cause of action of this case, wholly or in part arose within the local limits of this Forum. Although the Complainant resides within the local limits of this Forum, it is no ground to invoke jurisdiction of a District Forum under the Consumer Protection Act.
Accordingly, we find that the present case suffers from inherent lack of territorial jurisdiction of this Forum and hence, not entertainable. The present case is, thus, dismissed being inadmissible in its present form and prayer on the point of territorial jurisdiction.
Let the petition of complaint be returned to the filing Lawyer for filing it before the appropriate Forum.
