BANGALORE DEVELOPMENT AUTHORITY Vs. K S BHAT

JUDGEMENT

(1.) Appeal No.28092 by the opposite party and Appeal No.305/92 by the complainant, are directed against the order dated 7.9.1992, passed by the District Forum, Dakshina Knnada District, Mangalore, in complaint No. CPA-MD526/90-91 directing the opposite party to refund the initial deposit amount with interest at 12% p. a thereon. The opposite party in its appeal has sought to set aside the said order of the District Forum on the ground that the District Forum, D. K. Distirct, Mangalore, has no jurisdiction to entertain the complaint. Whereas the complainant is his appeal, has sought enhanced interest at 18% p. a. The facts, briefly stated, are as follows:-

(2.) The opposite party did not allot any site to the complainant and his wife, so the complainant sent protest petitions in the month of April 1990 and June 1990 to the opposite party for long delay in allotting the sites. The complainant, even thereafter when the opposite party did not allot any site to the complainant and his wife, filed the complaint for seeking allotment of sites or for refund of the amount deposited by them with interest at 18% p. a. thereon.

(3.) The opposite party filed its statement of objections. It averred that the District Forum, D. K. Dist. Mangalore, had no jurisdiction to entertain the complaint, as no cause of action, wholly or in part, had arisen within the territorial jurisdiction of the District Forum D. K. Dist. Mangalore.