GHAZIABAD DEVELOPMENT AUTHORITY Vs. G D GUPTA

JUDGEMENT

(1.) Shri G. D. Gupta deposited a sum of Rs.5,520 /- as earnest money for allotment of a residential flat at Ghaziabad on 3.12.1990 with Ghaziabad Development Authority. Since he was not successful in the draw of lots a cheque dated 18.11.1991 of Rs.5500/- was received and after its revalidation on 11.8.1994 it was got encashed by the complainant, Shri G. D. Gupta instituted a complaint demanding interest @ 18% per annum for the period 3.12.1990 to 11.8.1994 and the Consumer Disputes Redressal Forum, Union Territory, Chandigarh, awarded a sum of Rs.3.652/- on 29.1.1997. The present appeal has been preferred by the Ghaziabad Development Authority.

(2.) On behalf of the appellant the main plea is that the flats were to be built at Ghaziabad and office of appellant is located at Ghaziabad (Uttar Pradesh) and not within the territorial jurisdiction of the District Forum, Chandigarh. The mere fact that the earnest money was deposited in Oriental Bank of Commerce, Sector 17, Chandigarh could not confer jurisdiction on the District Forum, Chandigarh because in the complaint the Chandigarh Branch was never impleaded as a respondent. The two respondents impleaded in the complaint are reproduced as under: "1. Ghaziabad Development Authority through its Vice Chairman, Ghaziabad (UP ).2. Oriental Bank of Commerce, Lohiya Nagar, Branch Ghaziabad through its Manager. " A perusal of the original complaint from which the particulars of the respondents have been reproduced above renders the territorial jurisdiction of the District Forum, Chandigarh doubtful. The conclusion is that the appeal succeeds and the impugned order dated 29.1.1997 is hereby set-aside. Order set aside.