GURDEEP SINGH Vs. H R ELECTRONICS PVT LTD

JUDGEMENT

(1.) feeling aggrieved by the impugned order dated 8.4.2003 passed by the District Forum whereby the complaint of the appellant was dismissed for lack of territorial jurisdiction of the District Forum, the appellant has preferred this appeal. The perusal of the impugned order shows that though the respondent was proceeded ex parte but the appeal was dismissed on the ground that the complainant had failed to produce the relevant documents to show that the District Forum of Janak Puri has the territorial jurisdiction to entertain the complaint of the appellant.

(2.) Admittedly the appellant purchased a Hi-Fi Music System under Company's "sony Mega Offer Scheme 2001" under which there were many prizes to be won by the buyers by way of lucky draw, from the dealer's stall at Pragati Maidan during the exhibition. However as per scheme the purchaser of this system were entitled for lucky draw but the lucky draw was never held. Admittedly the system was manufactured by respondent No.2 and was sold to the appellant by its dealer respondent No.1 M/s. H. R. Electronics Pvt. Ltd.

(3.) The appellant filed a complaint against the respondent for not holding lucky draw and thereby depriving the appellant from the prizes, which he could have won. According to the appellant he purchased the system being lured by prizes to be won by the buyers by way of lucky draw. Since the complaint of the appellant was dismissed solely on the ground that the District Forum of Janak Puri has no territorial jurisdiction, the Counsel for the appellant contended that not only the article in question was purchased in Delhi but was also installed at his residence in Hari Nagar which falls in the jurisdiction of Janak Puri and the payment was also made in Hari Nagar and, therefore, the concerned District Forum was well within its jurisdiction to entertain the complaint.