WHEELS WORLD vs Amrit Lal

AGITATING the order of District Forum, Bathinda dated August 23, 1994, the appellant before us is the opposite party M/s. Wheels World before the District Forum.

THE facts in brief may be noticed. Complainant before the District Forum, Amrit Lal, booked one Montana car after depositing Rs. 7,000 /- in the State Bank of Patiala for onward payment by the banker to the appellant (hereinafter called the opposite party) in the year 1987. He was accordingly issued priority card by the opposite party. Later on coming to know that the said car was not found of road-worthiness and it was a totally failure, the complainant applied for cancellation of the said booking and requested to the opposite party to refund the amount after sending the original booking receipt, original priority letter and affidavit duly attested by Judicial Magistrate 1st Class as per the requirement of the opposite party. On the notice being served, the opposite party filed its version and the affidavit of Bhagat Ram, General Attorney of M/s. Wheels World and later on absented and thereby was proceeded exparte by the District Forum. Vide its order under challenge, the District Forum awarded that the complainant is entitled for the refund of advance and thereby directed the opposite party to refund to the complainant a sum of Rs. 7,000/- with interest @ 13% per annum after two months from the date of cancellation, which is 1.2.1988 till payment and in addition to also awarded the costs of Rs. 1,000/-.

The appeal before this Commission was sent by post and the same was received on 9.12.1996. Alongwith appeal is the application for condoning delay in filing the appeal along with affidavit of Bhagat Ram, General Attorney of the opposite party stating that till today the certified copy of the order dated 23.8.1994 has not been sent. For condoning the delay, it has been contended that period of limitation for filing the appeal starts from the receipt of the copy of the order and in fact the appeal is within time. The reliance has been placed upon the judgment of the Apex Court - III (1995) CPJ 28 (SC)=1995 (II) CPC 27 - Housing Board Haryana v. Housing Board Colony Welfare Association and Others.

KEEPING in view the facts stated above, we are of the view that the appeal is within time. It has been categorically stated in Rule 4(10) of Consumer Protection (Punjab) Rules, 1987 that it is mandatory for the District Forum to send certified copy of order free of costs. So is the dictum of the Hon''ble Supreme Court of India in case of Housing Board Haryana (supra). By placing a reliance upon the judgment of this Commission in II (1996) CPJ 189, M/s. Wheels World v. Ajay Paul Mittal, it has been contended by Mr. Bansal, learned Counsel for the appellant-opposite party that the District Forum, Bathinda has no jurisdiction to hear and adjudicate the complaint before it. Simply by depositing an amount with the Bank at Bathinda, the District Forum, Bathinda has no territorial jurisdiction. Neither the Headquarter of the opposite party nor any branch office within the territorial jurisdiction of District Forum, Bathinda, is situated nor any cause of action has accrued at Bathinda. The case is squarely covered by the judgment of this Commission. Accordingly, we hold that the order passed by the District Forum is without jurisdiction and the same is quashed.

FOR the reasons recorded above, the present appeal is accepted and the order of the District FORum is set-aside and it is directed that the complaint be returned to the complainant for presentation before the competent District FORum. No order as to costs Appeal accepted.