TMI Blog2003 (8) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... wo six monthly interest on the debentures. When the respondent company allegedly did not pay the principle amount of debenture and the last, i.e., third instalment of instalment after the date of maturity, a complaint was filed before the District Forum seeking following reliefs. "( a )To direct the company to pay the following amounts : ( i )Debentures Interest Part-III amount which became due and payable on 9-12-1994; andRs. 135 ( ii )Redemption amount which became due and payable on 9-12-1994 Rs. 1750 Total Rs. 1885 ( b )To direct the company to pay interest at the rate of 18 per cent per annum on the total amount of Rs. 1885 from the date of due, i.e., 9-12-1994 till the date of actual payment. ( c )Compensation for unnecessary and uncalled for mental harassment undergone by the complainant." 3. The District Forum after hearing the parties allowed the complaint. On an appeal filed by the respondent, the State Commission set aside the order of the District Forum and dismissed the complaint on the ground that the District Forum had no territorial jurisdiction to entertain and hear the complaint. Aggrieved by this order, the petitioner/complainant filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd judgment of this Commission in GDA v. Smt. Sunita Garg [Revision Petition No. 163 of 1991 dated 18-3-1992.] 8. Before we go into the question of merits of the case, we would discuss the question of jurisdiction. It is now settled law that while the Consumer Forum has the trappings of a civil court but we are not civil courts. For substantive purpose, Consumer Protection Act is a wholesome and in itself a complete enactment. Section 11 of this Act reads as follows : "11. Jurisdiction of the District Forum. (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees twenty lakhs. (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, ( a )the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or ( b )any of the opposite parties, where there are more than one, at the time of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at issue was more specifically dealt in the context of Companies Act by Hon ble Supreme Court in the case of H.P. Gupta ( supra ) where in it was held that the cause of action would arise at the place where registered office of the company is situated. This view was confirmed/reiterated by the Hon ble Supreme Court in the case of H.V. Jaya Ram v. ICICI [1999] (7) Scale - 481. National Commission in the case of Smt. Sunita Garg ( supra ) had held that the very fact that the amount of initial deposit for the flat (in Ghaziabad) was remitted through the Branch of Vijaya Bank at Chandigarh will not entitle the complainant to contend that any part of the cause of action had arisen in Chandigarh. On the point of jurisdiction another point made by the Petitioner is that Consumer Protection Act is a piece of beneficial legislation and the poor small investor could not be expected to run to several places in this case to Bombay for recovery of less than Rs. 2000. It also could not be the case of the petitioner that the respondents and similarly placed companies could be facing litigation in thousands of courts spread over the country. We have also the Hon ble Supreme Court warning u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly discharged. He cannot find escape from the word; failure on his part to do so, has to have its consequences, for which he has to carry full blame. 14. Admittedly the debentures were redeemable after expiry of 17 months on 9-12-1994. As per the respondent payment option circular was sent to all debenture holders on 1-8-1994; on 1-11-1994 individual circular was sent to all debenture holders to surrender debentures duly discharged, an advertisement to the same effect published in Indian Express on 8-12-1994 and 6-4-1995. It is only circular dated 16-10-1995 issued by respondent which is received by the petitioner, compliance of which is admittedly done by the petitioner on 6-11-1995; Petitioner receives a letter on 6-12-1995 stating that the debentures have not been discharged hence returned, to comply with the condition 3 of the condition of allotment. Petitioner files a complaint on 31-1-1997 before the District Forum. Letter dated 27-5-1997 which has not been disputed, reads as follows : "HETL/F.No. 99279/105633May 27, 1997 Mr. P.C. Wadhwa H.No. 100 Sector No. 28A Chandigarh Dear Sir, Ref. : Folio No. 99279/105633 Sub : Debenture Redemption Payment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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