Dr Archana Rai v. Rajasthan Technical University & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25th September, 2024 + CM(M) 2449/2024 & CM APPL. 25233/2024 DR ARCHANA RAI .....Petitioner Through:

None versus RAJASTHAN TECHNICAL UNIVERSITY & ANR. .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

None has appeared for the parties.

2.

The present petition has been filed under Article 227 of the Constitution of India challenging order dated 04.05.2022 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Review Petition No.825 of 2020.

3.

The above matter was filed before NCDRC impugning order dated 13.03.2020 passed by the State Consumer Disputes Redressal Commission, Rajasthan in Appeal No.681/2019.

4.

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, Civil Appeal Nos. 3915-16/2024, the petitioner should rather approach the concerned jurisdictional High Court. 5.

In Siddhartha S Mookerjee (supra), the Hon‟ble Supreme Court has, CM(M) 2449/2024 By:SONIA THAPLIYAL 10:58:19

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. 6.

Moreover, this Court has already vide detailed order dated 12.09.2024 passed in M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik in CM(M) No. 2933/2024 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the "jurisdictional High Court". 7.

In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction. 8.

Needless to say, the petitioner would be at liberty to invoke the jurisdiction of the jurisdictional High Court i.e. Rajasthan High Court by filing appropriate petition.

9.

All the rights and contentions of the parties are reserved. (MANOJ JAIN) JUDGE SEPTEMBER 25, 2024/st CM(M) 2449/2024 By:SONIA THAPLIYAL 10:58:19