SUPERINTENDENT FOREIGN POST OFFICE Vs. INDO LHASA CURIOUS

JUDGEMENT

(1.) WE have heard learned Counsel appearing for the appellant. The only contention raised before us is that the J&K State Consumers Protection Commission, Srinagar, had no jurisdiction to entertain and decide the disputes inasmuch as the cause of action in entirety had arisen in Delhi as the parcel for onward transmission to Malaysia was booked at Delhi and no part of the transaction took place within the jurisdiction of the Commission at Srinagar. This is a question of fact and law requiring evidence and was never raised before the High Court.

(2.) WE cannot permit a question of fact to be raised before this Court for the first time. Even in the grounds of Appeal, it has not been averred that this issue of jurisdiction was raised before the High Court and that the High Court has not considered the same on merits.

(3.) THE appeal is dismissed. Appeal dismissed.