LAWS(UTRCDRC)-2005-3-11

V I DOSAJH Vs. UNION OF INDIA

Decided On March 22, 2005
V I Dosajh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE three appeals bearing Nos. 398, 399 and 404 all of 2004, which are being decided by this common judgment arise out of judgment and order dated 20.8.2004 vide which the complaints cases have been dismissed for want of territorial jurisdiction to adjudicate the complaint cases. This order is being passed in Appeal No. 298 of 2004 V.I. Dosajh V. Union of India & Others. The District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) has decided 70 complaint cases vide impugned judgment and order passed in the main Complaint Case No. 105 of 2003, Raghbir Singh Paur V. Central Government Employees Welfare Housing Organisation.

(2.) THE sole ground on which the complaint cases have been dismissed is that the District Forum relied on the exclusionary clause contained in the brochure, which reads as under :

(3.) THE District Forum has placed reliance on two judgments of Haryana State Consumer Commission reported in the cases of Shimla Development Authority V. Yashpal Dass and Another,1992 3 CPJ 606 and Mukesh Kumar and Another V. M/s. Utility Builders and Leasing (India) Ltd. Others,1996 1 ConLT 27