SHAURYA MOTORS LTD Vs. IMRAN GUL AND ORS

JUDGEMENT

(1.) THROUGH the medium of this petition made under section 15 (b) of the JK Consumer Protection Act (hereinafter to be referred to the Act) transfer of complaint no 43/08, pending for disposal in the Court of Divisional Forum Srinagar,(hereinafter Forum) to Jammu is sought on the sole ground that no cause of action had arisen within the jurisdiction of that Forum and the Forum is not competent to try the same. Notice was issued to respondent -1 (complainant) for appearance but he has not appeared .The record of Forum has been called.

(2.) HEARD Mr. Khajuria

(3.) WE have considered the submissions. The transfer of the complaint is sought on the sole ground that the Divisional Forum at Srinagar has no jurisdiction to try it. This plea has been set up by the petitioner in his written version filed before the Forum which is supported by two affidavits filed by Mr Harinder Mahajan and Amit Kohli. Mr. Amit Kohli by name has been impleaded as OP No. 1 in the complaint shown as General Manager. A copy of the police report lodged in the Police Station Parimpora by respondent No. 1 has been annexed with the complaint showing the allegation made therein that an agent of the petitioner herein namely, Imtiaz Ahmed Bhat S/o Mohd Amin R/o Yar Bazar Srinagar had collected Bank draft from respondent No.1 in the sum of Rs. 360819 in Srinagar and thereafter handed over the same to the petitioner in Jammu against receipt but the delivery of the vehicle was not made as promised. These averments have been denied by the petitioner herein. From this, it thus transpires that the Forum at Srinagar is seized of the matter, which would be considered and then decided as per the pleadings, evidence and the application of relevant law. Should we allow the prayer of the petitioner, on the bald assertions made in the transfer petition it would amount prejudging the issues involved and preclude the Forum from deciding upon the matter which is under its active consideration. The Act is a piece of welfare legislation, meant to safeguard the genuine interests of bonafide consumers by adopting cheap and summary procedure based on the principles of natural justice. Interim order dated 29.08.2009 passed by the Forum in the complaint shows that resp. No. 1 had filed two applications before it. In one of the application, the Manager of J&K Bank Branch Fruit Mandi Complex Srinagar alongwith the record of draft bearing No. 551952 dated 30.12.2006 for an amount of Rs 360819 as well as Branch Manager of J&K Bank Branch Office Safakadal Srinagar alongwith record of TT for an amount of Rs. 40000 dated 03.05.2007 were called to depose from the record. The second application pertained to the calling of the record consisting of sale letter and other relevant record from the petitioner herein. Both the applications were allowed. On 01.02.2009; the statements of the above stated two witnesses (Managers of the Bank) were recorded and for showing non -compliance to the direction contained in the above said earlier order dated 29.08.2009, the presence of the petitioner herein was secured alongwith the "Record of Sale" of the vehicle by issuing bailable warrant in the amount of Rs. 10000 to be executed by SHO Gandhi Nagar Jammu. Further -more, the record reveals that counsel of the petitioner herein namely, Mr. Farhat Zia Soharwardy had appeared for the first time on 28.02.2008 and sought time to file the power of Attorney as well as written version which was granted and the complaint was posted for 10.03.2008. On 10.03.08, Mr. Farhat Zia advocate filed the written version of the complaint (petitioner herein) accompanied by two affidavits as stated above. Thereafter nobody appeared in the proceedings till 01.02.2009 when presence of the petitioner was secured alongwith the requisite record by issuing bailable warrant against him. The last date fixed in the case was 31.12.2009.