MANOHAR INFRASTRUCTURE Vs. USHA YADAV

JUDGEMENT

(1.) The present Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Appellant (Opposite Party before the State Commission) against the order dated 01.04.2021 of the State Consumer Disputes Redressal Commission, U.T. Chandigarh (for short "the State Commission") in Complaint No.63 of 2020 filed by the Respondent/Complainant.

(2.) By way of the present Appeal, the Appellant has only challenged the findings of the State Commission regarding its having "territorial jurisdiction".

(3.) The brief facts of the case are that the Complainant had booked a flat in the residential colony named "the Palm" of the Appellant. This property was situated at Sector-17, SAS Mohali, State of Punjab. All the documents relating to the subject property were executed between the parties at Chandigarh. Some dispute arose between the parties. Due to the deficiency on the part of the Appellant, the Respondent filed the Complaint before the State Commission Chandigarh. Although, in the Written Statement filed by the Appellant, they did not object to the territorial jurisdiction of the State Commission at U.T. Chandigarh where the Complaint was filed. It was during the course of arguments that the issue regarding the "territorial jurisdiction" of the State Commission situated at U.T. Chandigarh, was raised. The State Commission vide the impugned order has rejected these contentions and arguments and has held that it had the territorial jurisdiction in view of the fact that the property was situated in Chandigarh and that all the necessary documents were also executed at Chandigarh. The argument of the learned Counsel for the Appellant that the agreement clause excludes the jurisdiction of the courts except that of courts at Punjab, was interpreted in the manner that the clause was vague since it does not speak of any particular District of Punjab and that since all the documents were executed at Chandigarh and the property is also situated at Chandigarh, under the Act, the State Commission at Chandigarh had the territorial jurisdiction.