AJAY KUMAR SWAMI Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The Revision Petition has been filed by the Complainant with a delay of 50 days. Delay in filing the Complaint is hereby condoned and the arguments on the merits of the Revision Petition have been heard.

(2.) The present Revision Petition has been filed against the order dated 07.06.2019 of the State Commission in Appeal No. 05/2019 whereby the appeal of the Complainant was dismissed. The appeal was preferred against the order dated 28.11.2018 of the District Forum-VI in Complaint No. 413 of 2018, whereby the Complaint of the Petitioner was dismissed on the ground of the territorial jurisdiction. Vide the impugned order the State Commission while dismissing the appeal has also held that Complainant was not a 'consumer'.

(3.) Petitioner has argued that the findings of the Fora below is without justification because in terms of the provisions of Section 2(1)(d), he is a 'consumer' as he is the beneficiary of the service provided by the Respondent. He has relied upon the findings of the Hon'ble Supreme Court in the case of Lucknow Development Authority Vs. M.K. Gupta , 1994 1 SCC 243. In order to substantiate his arguments that the District Forum in Delhi has the territorial jurisdiction he has relied on the findings of this Commission in the case of FA No. 81 of 2015 BMW India Private Ltd. Vs. Mukul Aggarwal & Ors.