Tuesday, December 7, 2010

District forums can entertain all consumer disputes


New Delhi: All district forums in the capital have the territorial jurisdiction to entertain consumer disputes irrespective of the residence of parties, the Delhi State Consumer Commission has said. 

"The demarcation of the areas according to the police stations is only for the sake of administrative convenience and not for divesting the district forums to entertain the complaint against the complainant residing in an area not falling within jurisdiction of particular police station," the Commission bench comprising Members M L Sahni and Salma Noor, said.



The Commission passed the order on a petition of Swaranjeet Singh challenging the territorial jurisdiction of a district consumer forum to entertain the case of the complainant.

"Since Delhi happens to be one district and every district forum has territorial jurisdiction over every consumer dispute and if such forum takes any final decision in the matter irrespective of having no administrative territorial jurisdiction, the order cannot be set aside being vitiated," it said while dismissing his appeal.

Singh had approached the State Commission with the plea that the complaint filed by the complainant, Anil Kumar Dixit, is not maintainable on the point of jurisdiction.

Singh had contended that the dispute falls within the jurisdiction of district forum X (South) whereas the complaint was filed before district forum VI (New Delhi). 



Appeal No. FA-10/139                                        Date of Decision :   12.05.2010


similar FA'S:
FA-07/18 decided on 31.10.2007, FA-07/759 decided on 10.10.2008 and latest is FA-10/220 decided on 17.03.2010

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