In a common cause complaint filed by a consumer association, the pecuniary jurisdiction of the District Forum is determined by the amount claimed per individual, not the aggregate amount claimed for all affected individuals.

S.K.M. Lodha, President ––– The complainant before the District Forum, Jodhpur has filed this appeal under Section 15 of the Consumer Protection Act, 1986 (“the Act” herein) against the order dated 16.3.1990 passed by the District Forum, Jodhpur in Complaint Case No. 71/89. The District Forum by the impugned order directed that the complaint be returned to the complainant for presenting it before a competent Commission, as the District Forum has no pecuniary jurisdiction to here it. The complainant is a registered Voluntary Association, of Consumers of Jodhpur D. strict. It has filed the complaintas the Consumer Voluntary Association of Consumers. The complaint was filed against : (1) P.H.E.D., Jodhpur (2) Municipal Council, Jodhpur; (3) Chief Medical & Health Officer, Jodhpur; (4) Principal, Medical College, Jodhpur; (5) Urban Improvement Trust, Jodhpur and (6) Collector, Jodhpur.

During the last four months of 1988 vital hepatitis (Jaundice) broke out in Jodhpur City as a virulent explosive epidemic and thousands of citizens suffered from it. The cause of the outbreake of this epidemic was faecal contamination of drinking water, pipes. It was submitted that the opposite parties-respondents were responsible for the outbreak. It was prayed in the complaint that Rs. 10,000/- may be awarded as compensation to every person who has suffered from Jaundice during the last one year in Jodhpur City and that a direction for a total relaying of water-supply and sewar disposal systems and for an immediate overhaul and repaid of both the systems pending renewal. This complaint is signed by the President, Upbhokta Samrakshan Samiti, Jodhpur and the General Secretary.

A common reply was filed on behalf of all the opposite parties-respondents. Besides contesting the complaint on merits, the following objections were taken :

(i) that the complainant has failed to show that the person who suffered from Jaundice is a consumer of P.H.E.D.

(ii) that it has not been shown that the person who suffered from Jaundice is a resident of Jodhpur City and has not left the city for a long time and has suffered from Jaundice only because of contaminated water.

(iii) that the prayer of the complainant in regard to compensation in vague and so it deserves to be dismissed with costs.

(iv) that the water supply and sewar disposal systems are being maintained properly and improvements as and when required are made from time to time.

(v) that the compensation claimed by the complainant is much more and beyond the pecuniary jurisdiction of the District Forum and so the complaint should be dismissed summarily.

It may be stated at this stage that in this appeal we are concerned with objection No. 5 i.e. in respect of pecuniary jurisdiction. Arejoinder was filed on behalf of the complainant refuting the objections mentioned above. In the rejoinder amongst others it was submitted that epidemic of jaundice was not localised in a particular area or mohalla of the city, but was spread over through the entire length and breadth of the city. A list of 46 persons together with their addresses was given. People, who have suffered from viral hepatitis and who live in all the parts of the city. Their medical prescriptions were jointly attached with the rejoinder. In the additional grounds it was submitted by the complainant that each and every single person, who has suffered from jaundice in Jodhpur City, has not left the city for a long time. In any case, nobody can ever claim that all the 40,000 persons who have suffered from jaundice in Jodhpur City caught the infection elsewhere and not in Jodhpur City, specially when there are no reports of such an epidemic in any other part of the country. The prayers made were amended by an application dated 4.5.1989. The amended prayers are contained in para 2 of the application. It was stated that every student who has suffered from Jaundice during the year 1989 from January to April shall be awarded a minimum compensation of Rs. 2