Order on 20Ka

Application 20Ka has been moved by OPs raising preliminary objections about territorial jurisdiction of this forum as the OPs reside in Distt. Ballia and cause of action has arisen not in Ghazipur but in Distt. Ballia, As averred the complainant has deliberately filed complaint in this forum, So it be dismissed on preliminary objections.

The complainant’s counsel has opposed application stating that cause of action has arisen in distt. Ghazipur.

After perusal of record, it is evident that OP (1) (2) & (3) are from distt. Ballia while (4) & (5) are from Varanasi and Lucknow. Admittedly. All the polices were taken from OP(1)  which is situated in Ballia from perusal of plaint it is evident that no cause of action has arisen in distt. Ghazipur.

In K. Sagar M.D. Kiran Chits Fund Mushirdabad Vs Bal Reddy AIR 2008 SC 2568, the Hon’ble Apex court has held that issue related to jurisdiction is to be decided in the Forums first.

In Chief Manager & others Vs Jindal Steel Industries 2000 (1) CPR 147, it was held that District Forum can entertain complaint only if cause of action or part thereof had occurred within its jurisdiction mere residence or business premises of complainant will not bestow right in complainant to file complaint at Distt. Forum of that place.

In aforesaid circumstances, this form has no Jurisdiction entertain the case. So 20 Ka allowed and the complaint is dismissed for lack of jurisdiction. File be consigned.