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2007 Supreme(SC) 662

B.N.AGARWAL, P.P.NAOLEKAR
SUDHA JAIN – Appellant
Versus
CHIEF MANAGER – Respondent


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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