AVALON PROJECTS A UNIT OF GRJ DISTRIBUTORS AND DEVELOPERS PRIVATE LIMITED vs SURESH CHANDRA GOYAL

Judgment text excerpt

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th March, 2025 + CM(M) 118/2024 & CM APPL. 3798/2024 & CM APPL. 18282/2024 & CM APPL. 22420/2024 AVALON PROJECTS A UNIT OF GRJ DISTRIBUTORS AND DEVELOPERS PRIVATE LIMITED .....Petitioner Through: Mr. Abhishek Patra, Advocate for Mr. Vivek Kohli, Advocate versus SURESH CHANDRA GOYAL .....Respondent Through: Mr. Arjun Shukla, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition has been filed under Article 227 of the Constitution of India, challenging order dated 09.11.2023 passed in First Appeal No. 873/2021 by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟). 2. The above matter was filed before NCDRC impugning order dated 21.09.2021 passed by the State Consumer Disputes Redressal Commission, Rajasthan in Consumer Complaint No.152/2019. 3. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Rajasthan High Court, in view of judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, 2024 SCC OnLine SC 4205, the Signature Not Verified Digitally Signed CM(M) 118/2024 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:23:54 petitioner should rather approach the concerned jurisdictional High Court. 4. In Siddhartha S Mookerjee (supra), the Hon‟ble Supreme Court has, very categorically, observed that merely because NCDRC had allowed petition, the jurisdiction would not vest with Delhi High Court and observing that since the cause of action had arisen in Kolkata and the matter had been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of High Court of Calcutta should have been invoked. 5. Mor