GIRISH AHUJA Vs. PANCHSHEEL COLONIZERS PVT LTD

JUDGEMENT

(1.) This revision is directed against the order of the State Commission, Delhi dated 15. 5. 2017 resulting in dismissal of the appeal preferred by the petitioner on the ground of lack of territorial jurisdiction.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the petitioner filed a consumer complaint against the respondent/opposite party alleging that on coming across the advertisement regarding launch of township (Panchsheel Park) in Jaipur, Rajasthan the petitioner applied for booking of a plot. He was allotted a 350 sq. yard plot in the said project for total consideration of Rs. 7,87,500/-. Against the said allotment the petitioner has made payment to the extent of Rs. 3,23,750/-. It is stated that all the documents pertaining to the booking of plot and allotment including the deposit registration form was executed in Delhi. According to the complainant despite having received 40% of the total sale consideration the respondent/opposite party has failed to undertake any development work in the project. The complainant therefore sought to opt out of the project and ask for the refund of the money paid by him with interest but in vein. Being aggrieved the petitioner raised a consumer dispute.

(3.) Learned District Forum vide its order dated 30. 1. 2017 took the view that the dispute raised by the petitioner was not within the territorial jurisdiction of the Consumer Forum at Delhi as the subject plot was located at Jaipur and also that no cause of action or any part of it had arisen at Delhi.