GULF AIR COMPANY Vs. DILIP SHAH

JUDGEMENT

(1.) -This order will govern the disposal of Transfer Petition Nos. 1, 2 and 3 of 2007 filed by the petitioner/opposite party No. 1 on identical grounds for transfer of complaints pending before three different District Forums to a District Forum in Mumbai, Maharashtra.

(2.) For deciding these petitions the facts are being lifted from Transfer Petition No. 1/07. Respondent Nos. 2 and 3/complainant Nos. 2 and 3 are the Managing Director and Director of respondent No 1/complainant No. 1 company. Respondent No. 1 company is the dealer of M/s. Hyundai Motors which made bookings for respondent Nos. 2 and 3 from Istanbul to Bahrain in flight No. GF-044 of the petitioner for 7.2.2005. It was alleged that owing to extremely bad weather conditions Istanbul airport was closed uptil 4.00 p.m. local time on 7.2.2005 and because of that Bahrain in-bound flight No. GF-043 could not land on Istanbul Airport and the petitioner, thus, could not arrange the out-bound flight i.e. GF-044 which respondent Nos. 2 and 3 were scheduled to board from Istanbul. Being aggrieved by cancellation of flight No. GF-044 the respondents have complaint against the petitioner before the District Forum at Valsad. It was stated that in para No. 12 of the complaint it is falsely alleged that the tickets for the alleged tour of respondent Nos. 2 and 3 were purchased from respondent No. 4/opposite party No. 2 who is the agent of petitioner at Vapi, Valsad and that the price of the tickets was paid at Vapi, Valsad to respondent No. 4. The petitioner does not reside or have a branch office or personally work for gain within the local region of the District Forum, Valsad. The District Forum at Valsad has no jurisdiction to entertain the complaint as no part of cause of action accrued within its jurisdiction. Along with petition a copy of the complaint filed before the District Forum at Valsad has been filed. Para 12 of the complaint which is material, is reproduced below :

(3.) In the complaint a total amount of Rs. 84,540 has been claimed by way of compensation, etc.