Rajasthan

StateCommission

A/322/2018

Sanwar Mal Kajala s/o Jawar Mal Kajala - Complainant(s)

Versus

Rajastha Housing Board - Opp.Party(s)

Sanwar Mal Kajala

04 Jun 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 322/2018

 

Sanwar Mal Kajla s/o Jawahar Mal Kajla r/o 203 Mahaveer Nagar 2^nd, Maharani Farm, Durgapura,Jaipur.

Vs.

Rajasthan Housing Board through Chairman, Avasan Bhawan, Janpath, Near Vidhan Sabha, Jyoti Nagar, Jaipur & ors.

 

Date of Order 4.6.2018

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Appellant present in-person

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order dated 25.4.2018 passed by the District Forum, Jaipur 4^th whereby the claim is returned on the ground that the District Forum situated

2

 

at Jaipur is not having jurisdiction.

 

The contention of the appellant is that respondent no.1 situated at Jaipur hence, claim has rightly been submitted.

 

Heard the appellant and perused the impugned judgment.

 

There is no dispute about the fact that the property was booked with the respondents situated at Jodhpur. Further vide Anx. 2 to 6 and 9 to 10 the payment was made at Jodhpur hence, no part of cause of action has arisen at Jaipur. Even the branch office of Jodhpur is made party, no cause of action has arisen in the jurisdiction of Jaipur Consumer Forum hence, the claim has rightly been returned.

 

The appellant has relied upon II (2012) CPJ 316 (NC) Housing Board Haryana Vs. Inderjit Garg where registered office as well as head office were situated at same place and even the cause of action has arisen at that place Panchkula hence, the claim was found maintainable but here in the present case respondent no.2 is situated at Jodhpur and cause

3

 

of action has arisen at Jodhpur hence, the claim has rightly been returned to the complainant.

 

In view of the above, there is no merit in this appeal and stands dismissed.

(Nisha Gupta)

President

 

nm