NCDRC

NCDRC

RP/2497/2010

ORCHID AN ECO TEL HOTEL & ANR. - Complainant(s)

Versus

RAJENDRA J. DOSHI & ORS. - Opp.Party(s)

IN PERSON

17 Sep 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 2497 OF 2010

(Against the Order dated 22/04/2010 in Appeal No. 110/2008 of the State Commission Gujarat)

1. ORCHID AN ECO TEL HOTEL & ANR. Nehru Road, Near Domestic Airport, Vile Parle (East) Mumbai - 400099 Maharashtra 2. SURAJ NAIR, DY. MANAGER, ORCHID AN ECO TEL HOTEL Nehru Road, Near Domestic Airport, Vile Parle (East) Mumbai - 400099 Maharashtra	...........Petitioner(s)
Versus
1. RAJENDRA J. DOSHI & ORS. Residing at 402, Merushikhar Apartment, Near Dharnidhar Temple, Vasna Ahmedabad - 380007 Gujarat 2. MRS. SWETA R. DOSHI Residing at 402, Merushikhar Apartment, Near Dharnidhar Temple, Vasna Ahmedabad - 380007 Gujarat 3. MR. SHREYAANS R. DOSHI Residing at 402, Merushikhar Apartment, Near Dharnidhar Temple, Vasna Ahmedabad - 380007 Gujarat 4. SWENI R. DOSHI (MINOR) Residing at 402, Merushikhar Apartment, Near Dharnidhar Temple, Vasna Ahmedabad - 380007 Gujarat	...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE B.N.P. SINGH, PRESIDING MEMBER
	HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :

IN PERSON

For the Respondent :

NEMO

Dated : 17 Sep 2010

ORDER

On cancellation of the flight though the respondents were put in a hotel of the petitioners, they experienced discomfort and inconvenience. As they could not get desired relief, a consumer complaint was -2- instituted with the District Forum Ahmedabad where preliminary issue of jurisdiction of the forum to entertain complaint against petitioners who hail from Mambai was raised and the District Forum having considered contentions raised, finding no jurisdiction to entertain the complaint directed return of complaint to the complainants. Thereafter, this finding was challenged by respondent in appeal where State Commission having taken notice of cognigence of Section 11 of Consumer Protection Act, 1986 directed complainant to move District Forum seeking permission to proceed against the petitioners in the complaint. Petitioners have come in revision against the order passed by the State Commission which we are of the view that does not suffer infirmity. The revision petition in the circumstances is dismissed with no order as to cost with a direction to the petitioners to approach District Forum seeking permission to proceed against petitioners also who hail from Mumbai as enjoined under Section 11(2) (b) of the Consumer Protection Act, 1986.

......................J

B.N.P. SINGH

PRESIDING MEMBER

......................

SURESH CHANDRA

MEMBER