consumer Forum, Delhi - Territorial Jurisdication

Recently, Ld. Delhi State Commission, Delhi has ruled that:

Consumer Protection Act, 1986, provides that there shall be one District Forum in one District. Since Delhi happens to be one District, every District Forum has territorial jurisdiction over every case and if any District Forum takes final decision in the matter, irrespective of having no administrative territorial jurisdiction. The said judgment is reproduced hereunder:

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986)

Date of Decision :   17.03.2010

FA-10/220

(Appeal against the order dated 24.02.2010 passed by District Forum-VI , New Delhi in complaint case no 1052/2009)

Holy Family Hospital,

Okhla Road,

New Delhi-110025.

…..         Appellant/OP.                                                                                             

VS

Shri Amit Kumar

WX-5, Street No. 1,

Sadh Nagar, Palam Colony,

New Delhi-110045

                                                                    …….complainant /Respondent                                          

CORAM

 Justice Barkat Ali Zaidi, President.

  M.L. Sahni, Member.

1.      Whether reporters of local newspaper be allowed to see the

judgment?

2.      To be referred to the reporter or not?

M.L. Sahni, Member,

1.               This appeal is directed against the order dated 24.02.2010 whereby the application of the OP/ Appellant has been dismissed on the ground that Delhi being one District, any District Forum can is competent to entertain consumer complaint filed before it irrespective of the fact that the OP does not reside or work for gain within the jurisdiction of that Forum.

2.               Facts giving rise to the present appeal, precisely stated are that, the Respondent/ Complainant filed a complaint under section 12 of the Consumer Protection Act, 1986 before the Consumer Dispute Redressal Forum-VI, KG Barracks, New Delhi wherein it was alleged that the complainant had gone to the Holy Family Hospital, Okhla Road, New Delhi for the treatement of Master Abraaz Ahmad Khan, the son of his friend , on 3^rd February, 2008 at about 8.40 P.M. and had paid a sum of Rs. 100/- as Fee towards consultation charges and the said Master Abraaz Ahmad Khan was attended to by the doctors at casualty and had prescribed an Injection and advised to purchase the same from the Medical Store inside the hospital ; that the complainant had purchased the said Injection for Master Abraaz Ahmad Khan, the patient , vide receipt  No. 0409B0032335, and after purchasing the said injection the patient was treated and was later discharged.  ; that after reaching home it was noticed by him that the price of the injection as per MRP Rs. 369/- only whereas the receipt indicated that charges of the injection as Rs. 406/- and that the complainant reported the matter to the Holy Family Hospital, who refused to refund the excess charges of Rs. 37/- and had misbehaved with the complainant , and as such the complainant stood cheated and thereby suffered physical and mental agony as well as great mental strain.

3.               We have heard Shri Pankaj Nagpal, Advocate, counsel for the Appellant at the admission stage and have perused the impugned order, which has been based on the view already taken by this Commission regarding territorial jurisdiction . Few of such cases, wherein this view was expressed  are F.A.- 07/18 decided on 31.10.2007 and FA. No.- 07/759 decided on 10.10.2008 . It was observed that

“Delhi is a Union Territory and is one District. It is for the administrative convenience that this District has been divided into 10 Districts on the pattern of the police districts, though there are 9 Police Districts. One District Forum has been even further sub-divided in order to see that the disputes of the consumers are decided expeditiously as prescribed as section 13(1)(a) of the Consumer Protection Act, 1986, which reads as under :

Refer a copy of the complaint to the opposite party mentioned in the complaint directing him to gave his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum.

Consumer Protection Act, 1986, provides that there shall be one District Forum in one District. Since Delhi happens to be one District, every District Forum has territorial jurisdiction over every case and if any District Forum takes final decision in the matter, irrespective of having no administrative territorial jurisdiction, the order cannot be set aside nor is vitiated. Order can be set aside, if the person taking final decision is not competent to take decision. District Forum is presided by a person who is or has been or is qualified to be a District Judge and since every District Forum is headed by such persons, therefore any decision taken by any District irrespective of the complaint being not within the territorial jurisdiction of the concerned District Forum cannot be set aside or held invalid”.

4.               The contention of the Ld. Counsel for the Appellant that Delhi has been divided into ten Districts and accordingly Ten Consumer Disputes Redressal Forums have been constituted  having jurisdictions or  various police stations as notified by the Delhi Government, therefore, particular District Forum under whose jurisdiction falls a particular police station can  only entertain the consumer complaint does not find favour with us. The demarcation of the area according to the police stations is only for the sake of convenience of the parties to approach a specified District Forum and does not bar the other District Forum to entertain any such complaint if the OP resides within territory of Delhi, which is commonly called National Capital Territory of Delhi and is only a Union-Territory as is evident from the alleged Notification relied upon by the Appellants  themselves. Factually it is a circular issued by this Commission for general information and does not have a binding legal force to oust jurisdiction of the District Forums qua each other.

5.               Reiterating our previous view, we re-affirm that Delhi, being one District, every District Forum in Delhi is competent to take cognizance of a consumer complaint , if the OP resides or works for gain within the territory of NCT of Delhi. We , therefore, find no infirmity  in the impugned order. The appeal being un-tenable in law, hence is dismissed at the admission stage.  

6.               FDR, if any, deposited by the appellant be released after completion of due formalities.

7.               Copy of this order be provided to the parties free of cost and one copy of this order be also furnished to concerned District Forum and thereafter the file be consigned to record room.

(Justice B.A. Zaidi)

President 

(M.L. Sahni)

Member

I have come to know that recently the Hon'ble National Commission, New Delhi has set aside the impugned judgment of Ld. Delhi State Commission, Delhi and held that all District Forum in Delhi have separate jurisdiction to try matters falling under their own territories as per assigned police stations.

Kindly help me in finding that recent judgment of Hon'ble National Commission in contesting one crucial case... Please help and if found please revert or write at: legal.ashishchauhan@gmail.com

Thanking you in anticipation

Ashish Chauhan