PARVATNATH BUILDERS Vs. SHASHIKUMAR D VAIDYA

JUDGEMENT

(1.) This appeal filed by the appellant/original opposite party No. 1 in consumer complaint No. 13/98 is directed against the order dated 4.9.2003 passed by Mumbai Suburban District Consumer Forum.

(2.) We heard Mr. S.S. Thatte-Advocate for the appellant and Mr. U.B. Wavikar, Advocate for the respondents/original complainants. None for rest of the respondents.

(3.) The short point that arises for consideration is as to whether District Consumer Forum is competent to decide the joint complaints filed by two complainants having interest in two different plots, in absence of territorial jurisdiction. Complainant No. 1 agreed to purchase plot No. 8 for consideration of Rs. 80,000 by written agreement dated 20.12.1995. On the date of execution of agreement, complainant No. 1 paid Rs. 40,000 by cheque to OP No. 1. Complainant No. 2 agreed to purchase plot No. 9 for consideration of Rs. 80,000 and accordingly agreement dated 20.12.1995 was executed. On the date of execution of the agreement, complainant No. 2 paid Rs. 20,000 by cheque dated 11.12.1995 to OP No. 1. Complainants visited the sight in June 1996 and found that the demarcation of the plots was not done and the boundaries were not fixed. Therefore the plots were not delivered to the complainants.