SHANTI DEVI Vs. WHEELS WORLD

JUDGEMENT

(1.) This appeal is directed against order of District Forum, Bhatinda dated 21.11.95 sent to the appellant on 6.12.95 dismissing the complaint filed by Smt. Shanti Devi on the ground of lack of territorial jurisdiction.

(2.) Shanti Devi resident of Bhatinda booked a Montana car with the opposite party-Wheels World, Ambala Cantt. The booking was got cancelled and a request was made by the complainant to the opposite party to refund the original amount of Rs.10,000/- deposited by her. The opposite party cancelled the booking of the car and issued cheque No.891451 dated 31.5.94 for Rs.10,000/- drawn on State Bank of Patiala, Ambala Cantt. in favour of the complainant. The said cheque which was payable to the payee was deposited by the complainant with her Banker Punjab National Bank, Bhatinda. Ultimately, the cheque was dishonoured and returned to the complainant with the endorsement "stop payment by drawer". The cheque was post-dated as alleged. The complainant received a letter from the opposite party on 25.5.94 for representing the cheque. It was again done but it was returned by the Bank with the report "payment stopped by drawer". The complainant suffered mental tension and claimed Rs.3,000/- on that account apart from a sum of Rs.300/- as correspondence charges. Referring to these facts in brief, it was further alleged in para 9 of the complaint that the cheque was presented for encashment at Bhatinda, hence Forum at Bathinda had the jurisdiction to entertain the complaint. The opposite party contested the claim inter-alia taking up preliminary objection to the jurisdiction of the District Forum. According to the opposite party, no part of cause of action had arisen at Bhatinda. Neither the head office nor the branch office of the opposite party is situated at Bhatinda. A rejoinder was filed by the complainant controverting the allegations of the opposite party.

(3.) The facts which are not disputed briefly may be recaptured. From Bhatinda an advance amount of Rs.10,000/-was sent by the complainant for booking of the car to the opposite party stationed at Ambala Cantt. Subsequently, the booking was cancelled and the opposite party from Ambala refunded the amount by sending the cheque payable to the payee. The cheque was presented at Bhatinda for payment where it was dishonoured and it happened twice. Sec.11 (2) of the Consumer Protection Act reads as under : "11 (2 ). A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction.- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.