NCDRC

NCDRC

RP/1274/2011

M/S. PRESTIGE ESTATES PROJECTS (P) LTD. (NOW M/S. PRESTIGE ESTATE PROJECTS LTD.) - Complainant(s)

Versus

ALOK SONTHALIA & ANR. - Opp.Party(s)

M/S. S. NARAIN & CO.

30 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1274 OF 2011
 
(Against the Order dated 22/03/2011 in Appeal No. 1144/2011 of the State Commission Karnataka)
1. M/S. PRESTIGE ESTATES PROJECTS (P) LTD. (NOW M/S. PRESTIGE ESTATE PROJECTS LTD.)
Having its Office at:, "The Falcon House", No. 1, Main Guard Cross Road
Bangalore - 560001
Karnataka
...........Petitioner(s)
Versus 
1. ALOK SONTHALIA & ANR.
501/112B, Sheraton Heights, Charat Singh Colony, Andher-Kurla Road, Chakala, Andheri (E)
Mumbai - 400093
Maharashtra
2. MRS. UMA SONTHALIA, W/O. MR. ALOK SONTHALIA
501/112B, Sheraton Heights, Charat Singh Colony, Andheri-Kurla Road, Chakala, Andheri (E)
Mumbai - 400093
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :M/S. S. NARAIN & CO.
For the Respondent :NEMO

Dated : 30 May 2011
ORDER

After arguing the matter at some length, learned counsel for the petitioner seeks to withdraw the present petition if an observation is made and a direction is given to the District Consumer Forum to decide the issue/pecuniary territorial jurisdiction to entertain the complaint before proceeding with the complaint on merits. 

 

-2-

Having considered the orders passed by the fora below and the relevant facts and circumstances of the case, we dismiss the revision petition with the observation that the petitioner shall be free to raise such objections including the objections in regard to the pecuniary territorial jurisdiction, as may be available to the petitioner/opposite party in response to the complaint pending before the District Forum.  If any objection in regard to the pecuniary territorial jurisdiction is raised before the District Forum, the District Consumer Forum shall consider and decide the same before proceeding with the complaint on its merit.

The revision petition is dismissed.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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