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Judgment
THIS is a Revision against judgment and order passed on 20.2.1999 by District Consumer Forum, Aligarh, in Complaint Case No. 341 of 1996.
FACTS of the case stated in brief are as follows : The revisionist had a gas connection of Indane at Vilaspur, Distt. Rampur. This gas connection was got transferred by the revisionist from Rampur to Atrauli in Distt. Aligarh, his permanent residential place as the applicant was transferred to Firozabad. Transfer Voucher No. 444312 dated 18.10.1992 was prepared and it was said that the transfer voucher will be sent to Atrauli. Till 17.6.1996, when the complaint was filed, the gas connection papers did not reach Atrauli, Distt. Aligarh. The revisionist contacted both the gas agencies but nothing could be done hence he filed the complaint.
Before the District Consumer Forum, Aligarh, opposite party No. 2 Atrauli Gas Service filed power and after hearing the Counsel on the question of jurisdiction, it was held by the District Consumer Forum, Aligarh, that the complaint is not maintainable against Atrauli Gas Service on the grounds of jurisdiction as the cause of action arises at Rampur.
AGGRIEVED against this order of the learned Forum, the revisionist has filed the revision/appeal challenging the correctness of the order passed by District Consumer Forum, Aligarh. We have heard the learned Counsel. Learned Counsel for the revisionist stated that the gas connection was transferred from Distt. Rampur to Atrauli in Distt. Aligarh. When he contacted the gas agency at Atrauli, namely Atrauli Gas Service, it was found that the papers have not reached there. Thereafter he contacted Bilaspur Gas Agency who told him that the papers have been sent.
AS the papers had already been transferred to Atrauli in Distt. Aligarh, therefore, the District Consumer Forum at Aligarh, has the jurisdiction to entertain the complaint and decide the same on merits. The applicant has to file the complaint at the place where gas connection was transferred because papers have already been transferred to Atrauli in Distt. Aligarh from Rampur. Thus we hold that the District Forum, Aligarh has the jurisdiction to try this case and the revision is liable to be allowed. Order The revision is allowed.
ORDER of the District Consumer Forum, Aligarh, is set aside.
THE case is remanded to District Consumer Forum, Aligarh. THE case will be restored to its original number and after informing the parties concerned, District Consumer Forum will decide the case. Let copies be issued as per rules. Revision allowed.