M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
CC No.16 / 2022.
FILED ON :29.6.2022.
Smt. Savita Sondhiya,
w/o Shri Rakesh Sondhiya,
R/o Tilak Ward, Devri,
District Sagar (M.P.).
…. COMPLAINANT.
Versus
Sahara Credit Co-operative Society Ltd.,
Aliganj, Lucknow & Anr.
…. OPPOSITE PARTIES.
As per Shri Justice Shantanu Kemkar, (oral) :
Date of
O R D E R
Order
14.07.2022
Shri Naresh Choursia, learned counsel for the complainant.
Heard on the office objection about the maintainability.
2. As per the office report the complainant has filed this Consumer
Complaint alleging deficiency in service in not returning maturity amount of
fixed deposit certificates obtained by him depositing total amount of
Rs.39,27,000/-. He claimed return of deposited amount with interest
totalling to Rs.52,54,793/-.
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3. The amount paid by his for obtaining fixed deposit certificates is
Rs.39,27,000/-. The relief claimed is of Rs.52,54,793/- as compensation.
4. In view of Section 47 (1) (a) (i) of the Consumer Protection Act, 2019
read with the notification dated 30.12.2021 notifying the Consumer
Protection (Jurisdiction of the District Commission, State Commission and
National Commission) Rules, 2021, the State Commission has jurisdiction
to entertain complaints where the value of the goods or services paid as
consideration exceeds rupees fifty lakhs, but does not exceed rupees two
crores rupees.
5. In the present case, the amount paid by the complainants for
obtaining fixed deposit certificates is Rs.39,27,000/-. In the circumstances
and in view of the order passed by the National Commission in Consumer
Case No.833 of 2020 M/s Pyaridevi Chabiraj Steels Pvt. Ltd. Vs.
National Insurance Company Limited & Ors. and the order passed by
this Commission in CC No.35 of 2020 (Smt. Swati Telang versus ICICI
Prudential Life insurance Co. Ltd. decided on 10.9.2020, we are of the view
that the complaint as filed by the complainants is within the pecuniary
jurisdiction of the District Commission and not of State Commission.
6. In view of the aforesaid as the complainant has to file complaint
before appropriate District Commission, the complaint is dismissed for want
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of pecuniary jurisdiction with liberty to the complainant to file the complaint
before the appropriate District Commission in accordance with law.
7. The amount of court fees deposited be refunded to the complainants.
(Justice Shantanu S. Kemkar) (S. S. Bansal)
PRESIDENT MEMBER
Phadke
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