ORDER Arun Kumar Goel, J. (Retd.) President :- When this case was taken up today it was jointly requested by the appellant as well as learned Counsel for the respondent that looking to the limited controversy between the parties in this appeal the same be heard and disposed of today. We have thus finally heard this appeal. 2. Appellants complaint was dismissed by the District Forum below solely on the ground that the agreement in question entered into between the parties (Annexure O-1) was executed at Chandigarh wherein amongst other things it is mentioned that courts in Chandigarh alone would have the jurisdiction to entertain any suits in regard of any disputes arising out of the agreement. For ready reference this clause is extracted here in before :- "The Courts in Chandigarh alone shall have jurisdiction to entertain and try and suits in regard to any disputes arising out of the agreement." (Emphasis supplied) 3. Forum below had not touched merits of the case. To be fair to the appellant we may notice what was urged by him in this behalf. According to him the impugned order starts with, "no doubt that he would succeed in case if he was in a position to satisfy the Forum regarding its territorial jurisdiction to entertain the complaint." Therefore, per him if this Commission comes to the conclusion that District Forum had the jurisdiction then relief prayed for in the complaint needs to be allowed in this appeal. Stand of the appellant was controverted by Sh. Poswal, learned Counsel for the appellant? Per him the appellant can only maintain the complaint, if any at Chandigarh alone and at no other place in view of the above extracted condition of the agreement between the parties. In the alternative he also urged that even if this Commission comes to the conclusion the District Forum below had the jurisdiction, still stand of the parties in there respective pleadings having not been gone into by the said Forum, case needs to be remanded for disposal after hearing the parties in accordance with law. Though he hastened to add that in any situation whether at Chandigarh or before the Forum below appellant is not entitled to any relief whatsoever. 4.
Though he hastened to add that in any situation whether at Chandigarh or before the Forum below appellant is not entitled to any relief whatsoever. 4. After having considered respective submission urged on behalf of the parties and keeping in view the clause relating the jurisdiction extracted hereinabove, in our considered view impugned order is liable to be set aside. In this behalf another fact stated by Sh. Poswal on instructions received from his client is, that the registered office of the company with whom agreement Annexure 0-1 was entered into by the appellant was admittedly at Nalagarh, District solan, in the State of H.P. At Chandigarh earlier this company only had its corporate office and the same has also now been closed. Now all business dealings are being done by the company from Nalagarh. 5. So far as the clause relating to exclusive jurisdiction of the Courts as Chandigarh is concerned on its reading, meaning of this clause is that only with regard to any suits the courts at Chandigarh will have the jurisdiction. So far present proceedings are concerned it is not a suit so as to oust this jurisdiction of District Forum below. As such it can adjudicate grievance of the appellant, of course in accordance with law. 6. Admittedly respondents at the time of institution of the complaint actually and voluntarily beside carrying on business also at Nalagarh. Now it has admittedly shifted its office from Chandigarh to Nalagarh. This is in addition to the fact that its registered office is also located within the jurisdiction of the forum below. A reference to Section 11, sub-section 2 sub-clauses (a) to (c) of the Consumer Protection Act, 1986 clearly shows that these sub-clauses are separated by the word or1. Therefore, in our view appellant could maintain his complaint under Section 11(2)(a) of the Act, supra before the Forum below. 7. Another reason to take this view is, that the provisions of the Act are in addition of any other law for time being interferes and not in derogation thereto. This is what Section 3 of the Act says. And as already observed proceedings under the Act of 1986 (supra), are not a suit in relation whereto courts at Chandigarh alone would have the jurisdiction. It hardly needs to be clarified the proceedings under Consumer Protection Act cannot be termed as suit. 8.
This is what Section 3 of the Act says. And as already observed proceedings under the Act of 1986 (supra), are not a suit in relation whereto courts at Chandigarh alone would have the jurisdiction. It hardly needs to be clarified the proceedings under Consumer Protection Act cannot be termed as suit. 8. So far as adjudication of the case on its merits, by this Commission as was urged by the appellant is concerned, we have expressed no opinion for the simple reason, that it is likely to prejudice either of the parties whom the finding is recorded in this appeal, because it will be deprived of its right of appeal under law. 9. No other point was urged. 10. In view of the aforesaid discussion, this appeal is allowed, consequently impugned order dated 11.8.2004, passed by District Forum, Shimla camp at Nahan, in Complaint Case No. 109 of 2003, titled as Sh. Satish Ahuja v. Ashwani Sharma and another, is quashed and set aside, with a further directions to the said Forum to restore the complaint to its original No. and date and then to adjudicate the same in accordance with law and without being prejudiced by anything said in this order, which is meant purely for the purpose of disposal of this appeal. Parties through their learned Counsel are directed to appear before District Forum during its Circuit Court on 11.1.2006 at Nahan. Since we have fixed the date in the presence of the appellant and learned Counsel for the respondent therefore, no fresh notice will be issued by the District Forum to them. The cost levied upon the respondent on the last date of hearing has been paid to appellant today.