9911796707
TMI Blog2009 (10) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... ears that there was a fire on 13-14th February, 1999 at 10.00 p.m. in the godown of the appellant at Ambala. For claiming compensation, the appellant filed a claim petition before the Consumer Commission of the Union Territory, Chandigarh constituted under Section 17 of the Consumer Protection Act, 1986 (hereinafter for short 'the Act'). The said claim petition filed by the appellant herein was allowed by the Consumer Commission of the Union Territory, Chandigarh. On appeal, the NCDRC allowed the appeal of the respondent herein on the ground that the Consumer Commission at Chandigarh had no jurisdiction to entertain and adjudicate the complaint. We are in agreement with the view taken by the NCDRC. In our opinion, no part of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relief is against the orders of approval and this High Court has no territorial jurisdiction to grant that relief. Therefore, the communication to the effect that the petitioners' representation against orders of approval is rejected is of no consequence. The Supreme Court, further dealing the concept of Aritcle 226(2) and relying on the decision of ONGC (1994 AIR SCW 3287), explained the concept of cause of action in para 17 at page 130 of the report and the relevant extracts wherefrom are excerpted below : "It is clear from the above judgment that each and every fact pleaded by the respondents in their application does not ipso facto lead to the conclusion that those facts give rise to a cause of action within the Court's territ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; (c) the cause of action, wholly or in part, arises." The aforesaid amendment came into force w.e.f. 15.3.2003 whereas the complaint in the present case has been filed in the year 2000 and the cause of action arose in 1999. Hence, in our opinion, the amended section will have no application to the case at hand. Moreover, even if it had ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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