Gurdeep Singh vs H.R. ELECTRONICS PVT. LTD.

-FEELING aggrieved by the impugned order dated 8.4.2003 passed by the District Forum whereby the complaint of the appellant was dismissed for lack of territorial jurisdiction of the District Forum, the appellant has preferred this appeal. The perusal of the impugned order shows that though the respondent was proceeded ex parte but the appeal was dismissed on the ground that the complainant had failed to produce the relevant documents to show that the District Forum of Janak Puri has the territorial jurisdiction to entertain the complaint of the appellant.

ADMITTEDLY the appellant purchased a Hi-Fi Music System under Company''s "Sony Mega Offer Scheme 2001" under which there were many prizes to be won by the buyers by way of lucky draw, from the dealer''s stall at Pragati Maidan during the exhibition. However as per scheme the purchaser of this system were entitled for lucky draw but the lucky draw was never held. ADMITTEDLY the system was manufactured by respondent No. 2 and was sold to the appellant by its dealer respondent No. 1 M/s. H.R. Electronics Pvt. Ltd. The appellant filed a complaint against the respondent for not holding lucky draw and thereby depriving the appellant from the prizes, which he could have won. According to the appellant he purchased the system being lured by prizes to be won by the buyers by way of lucky draw. Since the complaint of the appellant was dismissed solely on the ground that the District Forum of Janak Puri has no territorial jurisdiction, the Counsel for the appellant contended that not only the article in question was purchased in Delhi but was also installed at his residence in Hari Nagar which falls in the jurisdiction of Janak Puri and the payment was also made in Hari Nagar and, therefore, the concerned District Forum was well within its jurisdiction to entertain the complaint.

On the contrary the Counsel for respondent No. 2 has contended that respondent is not concerned with the lucky draw being the manufacturer of the article as this offer of gift or prize was made by respondent No. 1 being its dealer and secondly that neither does the respondent No. 2 reside in Delhi nor did he enter into any contract with the appellant with regard to the holding of lucky draw. Since the complaint of the appellant is confined to the prizes offered by respondent No. 1 by way of lucky draw to the buyers the liability if any qua the appellant is that of respondent No. 1 M/s. H.R. Electronics and not of the manufacturer i.e., respondent No. 2 who had neither offered the gifts or prizes by way of lucky draw nor did it accept any money from the appellant towards the price of the system in question and, therefore, the complaint against respondent No. 2 was rightly dismissed.

SINCE the article in question was purchased in Delhi from respondent No. 1 and was installed at the residence of the appellant at Hari Nagar the concerned District Forum i.e., Janak Puri did possess the jurisdiction to entertain the complaint as the part, if not the whole cause of action arose in Hari Nagar. Merely because the lucky draw was to be held in the exhibition ground did not mean that District Forum in question did not possess the territorial jurisdiction. As per Section 11 of the Consumer Protection Act, 1986, the Court of the said area has the jurisdiction where even part of cause of action arises. In this case not only the system was installed at Hari Nagar but the price was also paid and accepted at Hari Nagar. In view of the foregoing reasons, the appeal is allowed, the impugned order is set aside with the direction to the District Forum to decide the matter on merit within the three months qua respondent No. 1. Complaint against respondent No. 2 is not maintainable and dismissed. Appellant shall appear before the District Forum on 19.1.2005 for the aforesaid purpose.

APPEAL is disposed of in aforesaid terms. The FDR, if any deposted by the appellant be returned forthwith after completing necessary formalities. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and, thereafter, the file be consigned to Record Room. Appeal allowed.