RAJIV KUMAR GUPTA Vs. S.C. SWAMI

JUDGEMENT

(1.) THE present petition impugns an order dated 11.07.2013 passed by the learned ADJ (Central) Tis Hazari Courts Delhi whereby the suit filed by the petitioner herein was dismissed. The suit was dismissed owing to the lack of territorial jurisdiction conferred upon the Court in Delhi and the suit being barred by limitation.

(2.) IN year 2007 -2008 the petitioner had come across an advertisement of the respondent, who was a practicing doctor in Ayurvedic medicines, claiming to cure baldness and facilitate regrowth of hair. He contacted the respondent/doctor and ultimately agreed to purchase the medicines prescribed by the latter. The respondent/ doctor practices and resides in Bareilly, Uttar Pradesh from where the medicines were delivered to the petitioner at his residence in Delhi being No. 1405, Chappar Wala Kuan, Karol Bagh, New Delhi -05. The total payment for the said treated amounted to Rs. 98,055/ - for a period between December 2007 and August 2008. The petitioner made one part of the payment through demand draft and deposited the rest into the bank account of the respondent/doctor and his wife.

(3.) THE petitioner/ plaintiff filed the suit claiming refund of the amount paid to the respondent/ doctor for the treatment in addition to the damages. The plaintiff filed the suit and an application was moved to sue as an indigent person. The application to sue as an indigent person was allowed vide order dated 18.4.2012.