BRAHAM PRAKASH MANAV Vs. VIKAS YADAV
LAWS(DELCDRC)-2009-2-1
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 04,2009

Braham Prakash Manav Appellant
VERSUS
VIKAS YADAV Respondents

JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)VIDE impugned order dated 5.11.2008, passed by the District Forum, the application of the petitioner challenging the jurisdiction of the District Forum was kept open to be decided on merit. The District Forum observed that reference can be made under provision of Section 12 of Consumer Protection Act which provides specifically that once the complaint has been heard and admitted it cannot be transferred to any other Court on the ground of territorial jurisdiction.
(2.)IT is settled law that whenever any application is moved challenging the territorial jurisdiction or as to the maintainability of the complaint being beyond the jurisdiction of the District Forum, the said application has to be decided first, so as to avoid further exercise calling upon the parties to file reply, written statement, affidavit or evidence, etc.
(3.)IN the result the petition is allowed at the outset. Impugned order is set aside. The District Forum, shall decide the application at first instance.
The petition is disposed of in above term. The petitioner shall appear before District Forum on the next date of hearing to be fixed by the District Forum.



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