HARI CHAND Vs. BAYER INDIA LIMITED

JUDGEMENT

(1.) The District Forum, Ferozepur dismissed the complaint filed by Hari Chand that he is in appeal. The appeal deserves to be dismissed in limine without issuing notice to the respondent on the short ground that the approach of the District Forum while determining the question of territorial jurisdiction of District Forum, Ferozepur to entertain the complaint is correct in law. Facts which are in dispute and relevant are few.

(2.) Complainant Hari Chand, a resident of Village Chack Roran Wala, Tehsil Jalalabad, District Ferozepur purchased pesticides from the shops of opposite party Nos.2,3 and 5 which are situated in New Grain Market, Mukatsar. These pesticides were manufactured by other opposite parties pleaded as parties in the complaint. Since on use of such pesticides, his crops were damaged, he approached the District Forum, Ferozepur with the complaint claiming compensation. Apart from merits, plea of territorial jurisdiction of District Forum, Ferozepur, to entertain the complaint was disputed. The plea prevailed with the District Forum and the complaint was dismissed.

(3.) Learned Counsel for the appellant has argued that residence of the complainant would give jurisdiction to the District Forum. This argument cannot be accepted. The jurisdiction of the District Forum to entertain the complaint is to be determined under Sec.11 (2) of the Consumer Protection Act. The perusal of the provisions would show that it is not the residence of the complainant or place where he used the purchased goods that is to consider for determining the territorial jurisdiction of the District Forum. Since the pesticides were purchased from Mukatsar and if the same was found defective, it is Mukatsar District Forum, which is to entertain the complaint.