Learned counsel for the parties are present.

On request and consent of the parties the revision petition is disposed of at the stage of hearing on admission.

In this revision, the revision petitioner has made prayer to set aside that part of the order dated 13.3.2019 passed by the learned District Forum, Kendrapara in CC No. 17 of 2019 and IA Misc. Case No. 5 of 2019 by which the petitioner/financer  has been restrained to sell/put to auction of the repossessed vehicle of the OP, if not sold or auctioned earlier.

Heard learned counsel for the parties.

By order dated 13.3.2019, CC No. 17 of 2019 was dismissed by the learned District Forum, Kendrapara with an observation that the District Forum has no pecuniary jurisdiction to entertain the complaint. The order in its entirety reads as follows:-

“Complainant files a petition U/S-12 of C.P.Act, 1986 & one sheet of Xerox copy of letter dtd.01.03.2019. Complainant files Vakalatnama in favour of Advocate Sri D.Mohanty and Associates. Fees paid Rs.400/- in shape of IPOs bearing no.90-G-274966 to 90-G-274973 dtd.13.03.2019 each valued Rs.50/-. Registered as C.C.Case.

Learned counsel for the complainant-Petitioner being present filed a memo to take up the hearing on admission of the complaint in urgent, also to consider the petition filed in I.A.Case No.5/19, which is part and parcel of the original complaint. It is submitted that, the Op-Bank has repossessed the vehicle of the complainant bearing Regd. No.OD-29E-2731 and if the vehicle is not released the complainant-Petitioner will suffer irreparable loss.

Considering the ex-parte submissions and prayer of Petitioner, it reveals that the vehicle bearing Regd.No.OD-29E-2731 has been repossessed for a defaulting amount of Rs.25,97,635/- as per the letter of OP-Bank dtd.01.03.2019. In our opinion the pecuniary jurisdiction of this Forum is limited to only Rs.20 lakhs, which includes the cost and compensation of the goods/services. Hence, this Forum laks the jurisdiction to entertain the complaint. However, considering the I.A.Case where an interim direction is prayed for release of the vehicle, this Forum is of the opinion that, an opportunity should be given to the complainant-Petitioner to take appropriate legal recourse for redressal of this grievance. Accordingly, it is directed that, complainant-Petitioner shall approach the appropriate Court/Commission having the jurisdiction to adjudicate his grievance within 8(eight) weeks from the date of this order, till then Op-Bank is hereby restrained to sale or put into auction of the repossessed vehicle  of the complainant bearing Regd.No.OD-29E-2731, if not sold or auctioned earlier.

Accordingly, the complaint and the I.A.Case is disposed of as per our observations made above.

Issue extract of the order to the parties for compliance.”

It is contended by the learned counsel for the revision petitioner that the District Forum having come to a conclusion that the complaint is liable to be dismissed as the District Forum has no jurisdiction to entertain the complaint, committed gross illegality and exceeded its jurisdiction by passing the order restraining the revision petitioner/financer not to sell or put to auction the repossessed vehicle of the OP/complainant.

Learned counsel for the OP instead of raising any contention with regard to the jurisdiction of the learned District Forum to pass the restrain order upon dismissal of the complaint on the ground of jurisdiction, raises contentions with regard to merit of the complaint.

It is rightly submitted that the learned District Forum having come to a conclusion that the District Forum has  no pecuniary jurisdiction to entertain the complaint, the  District Forum could not pass any further order. Passing of the restrained order in spite of dismissal of the complaint on the ground of jurisdiction amounts to exercise of jurisdiction which is not vested on the District Forum. Therefore, that part of the order dated 13.3.2019 passed by the learned District Forum in C.C.No. 17 of 2019 & IA Misc. Case No. 5 of 2019 in which the revision petitioner/financer has been restrained to put to auction of the repossessed vehicle is set aside.

The revision petition is allowed.