1995 (10) TMI 190 - Commission - Companies Law

Consumer complaints outside jurisdiction dismissed; delay condoned; service deficiency reversed; relief exceeded; appeals allowed.

The Punjab State Consumer Disputes Redressal Commission held that the District Forum in Jalandhar lacked jurisdiction to entertain the complaints due to ... Deficiency in service, Distinct forum - Jurisdiction of Issues: Jurisdiction of District Forum, Condonation of Delay in Filing Appeal, Deficiency of Service by Appellant, Relief Granted Beyond Scope of ComplaintJurisdiction of District Forum:The judgment addresses the issue of jurisdiction of the District Forum, specifically whether the District Forum in Jalandhar had the authority to entertain the complaints. The appellant argued that the complaints did not establish any cause of action within the jurisdiction of the Jalandhar Forum. The judgment refers to Section 11(2) of the Consumer Protection Act, 1986, outlining the criteria for determining jurisdiction. It concludes that the Jalandhar Forum lacked jurisdiction to entertain the complaints due to the absence of any cause of action within its territory.Condonation of Delay in Filing Appeal:The judgment discusses the condonation of delay in filing the appeal due to issues with receiving the certified copy of the impugned order. The appellant faced challenges in obtaining the certified copy promptly, leading to a delay in filing the appeal. The judgment acknowledges the efforts made by the appellant upon becoming aware of the impugned order and ultimately condones the delay, allowing the appeal to be decided on its merits.Deficiency of Service by Appellant:The judgment examines the appellant's actions regarding the delivery of shares to the complainants. The appellant contended that the shares were dispatched by registered post, and any failure in delivery was not due to their deficiency in service. The District Forum's finding of deficiency in service by the appellant was reversed, emphasizing that the appellant fulfilled its obligations in sending the allotted shares.Relief Granted Beyond Scope of Complaint:The judgment highlights that the District Forum granted relief that was not part of the original complaint. It notes that the complainants received and accepted duplicate shares during the proceedings, which affected the entitlement to right shares. The judgment asserts that the District Forum exceeded its jurisdiction by directing the appellant to allot right shares and awarding compensation and costs not warranted by the complaint. Consequently, the appeals were allowed, and the impugned orders were set aside without costs.This detailed analysis of the judgment from the Punjab State Consumer Disputes Redressal Commission covers the key issues of jurisdiction, condonation of delay, deficiency of service, and relief granted beyond the complaint's scope, providing a comprehensive overview of the legal reasoning and outcomes in each aspect.