cc/525/2015

                   Rohit Prabhakar    versus         Yum Restaurants

Present        Shri Gaurav Suneja, Adv for the complainant.

ORDER

                   Arguments on the point of jurisdiction heard.

2.                After going through the contents of the complaint it emerges that on 02.09.2015 the complainant purchased Burger/Indie Panner from Hyderabad Airport from OP-2 vide Order No.K0055003 and when the complainant started eating the said Burger/Indie Paneer then he found that there was big cockroach in the said Burger. The complainant contacted the Airport staff but in vain.

3                 However, in order to invoke the jurisdiction of this Forum the complainant has impleaded Yum Restaurants India (P) Ltd, Global Business Park, DLF City-I, M.G. Road, Gurgaon as OP-1.

4                 However, as per the contents of the complaint the Burger was allegedly purchased at Hyderabad from OP-2. There is nothing on the file in order to infer that OP-2 has got any connection with OP-1. There is nothing on the file in order to infer arising of any cause of action against OP-1 within the territorial jurisdiction of Gurgaon. Therefore, it seems that OP-1 has  been impleaded only to make the jurisdiction at Gurgaon despite the fact that no cause of action has accrued against OP-1. The food article was purchased at Hyderabad, Telengana and the defect, if any, was found at Hyderabad, Telengana and as such no cause of action accrued in favour of the complainant within the territorial jurisdiction of this Forum.

5                 So much so there is no mention of the name of the complainant in the alleged Tax Invoice in order to ascertain the connection/relation of the “Consumer” and “Service Provider”.

6                 Therefore, in view of the above the complaint is hereby dismissed for want of territorial jurisdiction. However, the complainant is at liberty to approach the competent Forum having jurisdiction. The complainant be supplied the copy of this order free of costs.

          File be consigned to the records after due compliance.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Announced                                                                                (Subhash Goyal)

05.11.2015                                                                                       President,

                                                                                               District Consumer Disputes

                                                                                                Redressal Forum, Gurgaon

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member