Ld. Advocate(s)
For complainant .. Self
For OP/OPs .. Barendranath Das
Date of Filing : 27.08.2018
Date of Disposal : 29.11.2019
: JUDGMENT & ORDER dtd. 29.11.2019 :
The brief fact of the case is that the complainant on 24.04.18 received a call from one Riya Sharma regarding their Consultancy and clients in Hong Kong. The complainant asked about the terms and conditions but she replied “agreement & list of required documents will be provided after payment is done” and the complainant can claim 100% refund from the OPs if the process is failed. On 26.04.18, the complainant paid Rs. 35,000/- to the ICICI Bank A/C No. 033205004254. On 01.05.18, the complainant got a mail contained the scan copy of legal agreement in that all points were in favour of consultancy and violated all the points which the complainant discussed with one Riya Sharma. So the complainant refused to sign in the agreement and claimed the amount of Rs. 35,000/- as refund to one Vijay Chaudhary. Thereafter, the complainant called many times to Mr. Vijay Chaudhary but there was no response. Thereafter, on 24.05.18, the complainant got an email from one Sonam Khurana to send the notary attested documents through courier service for Hong Kong QMAS Visa. On 27.05.18, the complainant sent all required documents to Miss /Mrs. Sonam Khurana. Some of the documents mentioned in the checklist which are not provided by University / employer / concerned authority was not required but the Client Relation Manager started to pressurize the complainant for those documents. So on 23.06.18 the complainant again mailed and called to Mr. Vijay Chaudhary for refund of the money, but in vain. Lastly, on 04.07.18, one Sonam Khurana denied to refund the money to the complainant. The complainant also registered a complaint in the website of consumerhelpline.gov.in. Finding no other alternative the complainant has filed this case, praying for the entire amount paid to the OPs along with interest and Rs. 65,000/ as compensation, litigation cost and other reliefs.
The complainant has filed some documents in support of his case which are below:-
- Annexure – I – Bank transactions of ICICI Bank A/C No. 033205004254
- Annexure – II – Email copy of the complainant
- Annexure – III – Agreement copy sent by Aspire World.
- Annexure – IV – Complaint in consumerhelpline.gov.in.
On the other hand, out of 3 OPs only the OP No. 1 & OP No. 2 have contested the case by filing a joint written version.
The specific contention of the OP No. 1 and OP No. 2 is that the complainant approached the answering OP. On 30.04.2018, the complainant and the OPs executed a contract where the contents of the agreement was discussed, deliberated and agreed by the complainant. Thereafter, the OP asked for necessary documents for processing of the QMAS Visa. But the complainant was not able to provide those documents to the Visa Authorities. Therefore, no refund is possible from the side the OPs. Thus, in view of the aforesaid facts and circumstances the case may be dismissed with cost.
Points for discussion
- Whether this District Forum has jurisdiction to try this case?
Decision with reasons
Point No. 1.
In Section 11(2) of the Consumer Protection Act, 1986 it is stated that:-
“A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) 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
(b) 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 have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.”
In the instant case, we have gone through the complaint petition, W.V. and the documents filed by the respective parties and thereafter we find from Annexure – 1, SBI pass book transaction filed by the complainant that the complainant paid Rs.35,000/- to the OPs No. 1 and 2 through online.
Complainant has filed the instant case against OP No. 1 and OP No. 2 whose offices are situated at different places in New Delhi which are not situated within the territorial jurisdiction of this District Forum.
Furthermore, the complainant also stated in his complaint petition that he deposited the money to ICICI Bank A/C No. 033205004254 and IFSC Code No. ICIC0000332 (New Delhi) which is also not situated within the territorial jurisdiction of this District Forum.
As per section 11(2) of the Consumer Protection Act, 1986, nowhere we find that the transaction was made between the parties within the territorial jurisdiction of this District Forum.
On the basis of discussion discussed above, we are of the opinion that this Forum has no territorial jurisdiction to try this case so, the case is liable to be dismissed.
In the net result, the case fails.
Hence, it is
O R D E R E D,
That the instant case be and the same is dismissed on contest against the OPs without cost.
Let a plain copy of this judgment/order be supplied to the parties forthwith free of cost.
