TMI Blog2009 (10) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the respondent herein has been allowed and the order of the Consumer Disputes Redressal Commission Union Territory, Chandigarh has been set aside. It appears that there was a fire on 13-14th February, 1999 at 10.00 p.m. in the godown of the appellant at Ambala. For claiming compensation, the appellant filed a claim petition before the Consumer Commission of the Union Territory, Chandigarh constituted under Section 17 of the Consumer Protection Act, 1986 (hereinafter for short 'the Act'). The said claim petition filed by the appellant herein was allowed by the Consumer Commission of the Union Territory, Chandigarh. On appeal, the NCDRC allowed the appeal of the respondent herein on the ground that the Consumer Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Judges held that those facts are not sufficient to furnish a cause of action as they are not connected with the relief sought for by the respondents. Here also the relief is against the orders of approval and this High Court has no territorial jurisdiction to grant that relief. Therefore, the communication to the effect that the petitioners' representation against orders of approval is rejected is of no consequence. The Supreme Court, further dealing the concept of Aritcle 226(2) and relying on the decision of ONGC (1994 AIR SCW 3287), explained the concept of cause of action in para 17 at page 130 of the report and the relevant extracts wherefrom are excerpted below : It is clear from the above judgment that each and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; (c) the cause of action, wholly or in part, arises. The aforesaid amendment came into force w.e.f. 15.3.2003 whereas the complaint in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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