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Supreme Court Of India
SUDHA JAIN - Appellant
Versus
CHIEF MANAGER - Respondent
Decided On : 05/07/2007
Consumer Disputes - Jurisdiction - The State Consumer Disputes Redressal Commission erroneously directed the return of a complaint to the District Consumer Forum due to an exaggerated claim, which was within the jurisdiction of the State Commission. The appellate court allowed the appeal, set aside the impugned orders, and restored the complaint to its original file for disposal by the State Commission.
Fact of the Case:
The State Commission directed the return of a complaint to the District Consumer Forum due to an exaggerated claim, which was confirmed in revision. The complainant had made a total claim of Rs 68,51,321.
Finding of the Court:
The appellate court found that the State Commission was not justified in returning the complaint as the claimed amount was within the jurisdiction of the State Commission and beyond the jurisdiction of the District Consumer Forum. The civil appeal was allowed, impugned orders were set aside, and the complaint was restored to its original file for disposal by the State Commission.
Issues: Jurisdictional error in returning the complaint, justification of the State Commission's decision, and the appropriate forum for the claim.
Ratio Decidendi: The key legal principle established is that the jurisdiction of the consumer dispute redressal forums must be correctly applied based on the claimed amount, and an exaggerated claim does not justify returning the complaint to a lower forum if it falls within the jurisdiction of the higher forum.
Final Decision: The civil appeal was allowed, impugned orders were set aside, and the complaint was restored to its original file for disposal by the State Commission.
ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3. The State Consumer Disputes Redressal Commission (for short "the State Commission") directed for return of the complaint for being filed before the District Consumer Forum as, in its opinion, the claim made by the complainant in the complaint petition was exaggerated. In the petition of complaint, the complainant has made a total claim of Rs 68,51,321. The said order of the State Commission has been confirmed in revision. Hence, this appeal by special leave.
4. As the amount claimed was Rs 68,51,321, which was within the jurisdiction of the State Commission and beyond the jurisdiction of the District Consumer Forum, the State Commission was not justified in returning the complaint. Accordingly, the civil appeal is allowed, impugned orders are set aside and the complaint is restored to its original file. Now, the State Commission shall dispose of the complaint in accordance with law after giving opportunity of hearing to the parties.
5. No costs.
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