NEENA GUPTA Vs. ASIA TELEVISION NETWORK LTD

JUDGEMENT

(1.) The present appeal filed by the appellants under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 13.1.2000, passed by District Forum-I, in Complaint Case No.2887/99 - entitled Ms. Neena Gupta and Ors. V/s. Asia Television Network Limited.

(2.) The facts, relevant for the disposal of the present appeal, lie in a narrow compass. The appellants had filed a complaint under Sec.12 of the Act before the District Forum, alleging deficiency in service on the part of the respondent. As per the case of the appellants, as putforth by them, before the District Forum, the appellants had deposited amount in fixed deposits with the respondent. The amount so deposited by the appellants in the fixed deposit, was to be refunded together with interest after the date of maturity. Since the amount deposited by the appellants was not refunded by the respondent, even after the date of maturity, the appellants filed a complaint before the District Forum praying for the refund of the amount deposited in fixed deposit with the respondent together with penal interest @ 24% per annum. The appellants also claimed cost of litigation.

(3.) The learned District Forum vide impugned order has held that the Forum had no territorial jurisdiction to entertain the complaint and on the above ground had directed that the complaint be returned to the appellants for being filed in the proper Forum. The impugned order reads as under : "heard. Simply because complainants are residing within jurisdiction of this Forum, it cannot be said that part of cause of action arose within jurisdiction of this Forum. Office of respondent is at Mumbai and no office of respondent is alleged to be within jurisdiction of this Forum. Since this Forum has no territorial jurisdiction, complaint be returned to complainant for filing in proper Forum. "