PARMOD KUMAR JAIN Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) On a complaint instituted by Shri Pramod Kumar Jain against the Ghaziabad Development Authority, Ghaziabad, the District Forum-II, Chandigarh held on 22.8.1997 that it had no territorial jurisdiction and it was returned to the complainant for presentation to the appropriate Forum. Aggrieved against it, the present appeal has been attempted.

(2.) Though Shri Pramod Kumar Jain deposited a sum of Rs.13,020/- in July, 1991 in Oriental Bank of Commerce, Chandigarh, yet neither a plot of category 'a' has been allotted to him nor the aforesaid amount has been refunded. The District Forum relied upon the Revision Petition No 163 of 1991 - Ghaziabad Development. Authority es. Smt. Sunita Garg, decided on 18.3.1992 by the National Commission and held that the District Forum, Chandigarh had no territorial jurisdiction to entertain the complaint against Ghaziabad Development Authority. The relevant observations made by the National Commission are reproduced as under: "the mere fact that the amount of initial deposit for the flat was remitted through the Branch of the Vijaya Bank at Chandigarh will not entitle the complainant to contend that any part of the cause of action had arisen in Chandigarh. The District Forum, Chandigarh, was therefore perfectly right in the view taken by it that it had no jurisdiction to entertain or adjudicate upon the complaint". In view of the aforesaid observations, we are unable to disturb the finding of the Forum and for this limited reason the present appeal moved by Shri Pramod Kumar Jain, is dismissed. There is no order as to costs.