HARI CHAND vs BAYER INDIA Limited

THE District Forum, Ferozepur dismissed the complaint filed by Hari Chand that he is in appeal. THE appeal deserves to be dismissed in limine without issuing notice to the respondent on the short ground that the approach of the District Forum while determining the question of territorial jurisdiction of District Forum, Ferozepur to entertain the complaint is correct in law. Facts which are in dispute and relevant are few.

COMPLAINANT Hari Chand, a resident of Village Chack Roran Wala, Tehsil Jalalabad, District Ferozepur purchased pesticides from the shops of opposite party Nos. 2,3 and 5 which are situated in New Grain Market, Mukatsar. These pesticides were manufactured by other opposite parties pleaded as parties in the complaint. Since on use of such pesticides, his crops were damaged, he approached the District Forum, Ferozepur with the complaint claiming compensation. Apart from merits, plea of territorial jurisdiction of District Forum, Ferozepur, to entertain the complaint was disputed. The plea prevailed with the District Forum and the complaint was dismissed. Learned Counsel for the appellant has argued that residence of the complainant would give jurisdiction to the District Forum. This argument cannot be accepted. The jurisdiction of the District Forum to entertain the complaint is to be determined under Section 11(2) of the Consumer Protection Act. The perusal of the provisions would show that it is not the residence of the complainant or place where he used the purchased goods that is to consider for determining the territorial jurisdiction of the District Forum. Since the pesticides were purchased from Mukatsar and if the same was found defective, it is Mukatsar District Forum, which is to entertain the complaint.

Learned Counsel for the appellant referred to the decision of this Commission in Kapoor Farms v. Swastic Engg. Co., New Delhi, II (1998) CPJ 353=1998 (2) CON.LT 65. However, the ratio of the decision aforesaid cannot be applied to the case in hand as the aforesaid case related to warranty or guarantee attached to the machine for its proper functioning and where the machine was to function, the opposite party was to render service there, that it was held that the District Forum where the machine was to function would have jurisdiction to entertain the complaint. Present is not such a case. It is a case of sale of goods and pointing defect therein. The District Forum, Ferozepur has no territorial jurisdiction to entertain the complaint as the pesticides were purchased from Mukatsar, neither the opposite party is having head office or branch office in District Ferozepur and no cause of action much less part thereof has arisen within District Ferozepur. The complaint is, therefore, ordered to be returned to the complainant for being presented before the appropriate Forum. This appeal is dismissed in limine with the above observations. Appeal dismissed.