IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR

                                           CONSUMER COMPLAINT CASE NO. 25 OF 2019

                                                                (Misc case No 7 of 2019)

Bhawani Prasad Rout, aged about 31 years,

S/o-Nirmal Chandra  Rout,

At-Bhitiria Sahi, Po-Keonjharbazar, P.S-Town

Dist-Keonjhar,Odisha……………………………………………….….…………...…..… Complainant

                     Versus

1.Branch  Head, SREI Equipment Finance Ltd.

Keonjhar Branch

At-3^rd Floor Singh Market  Complex,

Daily Market, Keonjhar,

PO_Keonjhargarh, PS-Town,

Dist-Keonjhar,Odisha

2. State Head, SREI Equipment Finance Ltd,

Bhubaneswar Branch

At-HIG-1,2^nd &3^rd Floor, BDA Housing Colony Jaydev Vihar,

Bhubaneswar-751023.……………………………….………………………..……………… Opp.Parties

          Present:

Smt. B.Giri, President (I/C)

Sri Bharat Bhusan Das (Member)

Advocate for complainant-  Rakshyakar Pati & Associates

Advocate for  Op1 & Op2     - A.K Samal & Durga Prasada Mahanty

Date of hearing  - 28/08/2020                                                                                    Date of Order-31/08/2020

Smt B.Giri  President (I/C) -

                                         As per order passed by of the Hon’ble SCDR.Commission,odisha ,ctc.  in R.P.No. 12 of 2020 the Advocate for Op. parties filed certified copy of order  on 26.6.2020 prior to that date the case was posted to 31.7.2020 for hearing ,but due to COVID -19 no one  is present in this case on the date fixed. Hence further date was fixed on 14.8.2020 and intimated to Advocates concerned to remain present. But they failed to appear in this case. Lastly this case was posted 28.8.2020 & intimated to the concerned Advocates.  They appeared to-day & heard from both the Advocates.

                This Consumer Complaint petition was filed U/s.12 of C.P.Act-1986 through ld.Advocate            on 30.11.2019 along with a petition U/s.13 (3) (b) of C.P.Act-1986 and prayed for interim relief in misc.case No.07 of 2019.In the complaint petition filed U/c.12 of C.P.Act-1986 the complainant has mentioned the value of the alleged vehicle was 17,73,419/- (Rupees seventeen lakh Seventy three thousand Four hundred Nineteen)only. As the value of the alleged vehicle is within the pecuniary jurisdiction of this Forum.  For the ends of Natural justice, accordingly this forum has passed interim order in Misc.case No. 7 of 2019 stating that the Ops. should release the seized vehicle after receiving 70% payment of outstanding dues till 30^th Nov.2019,if the alleged vehicle has not yet auctioned by Op.Parties.till filing this case i.e on 30.11.2019.The Op.parties being utmost restraint to apply any unilateral procedure on the said vehicle  till appearance, filing written version and show cause in this cases.

                On dtd.16.1.2020 the learned Advocate for Op. parties appeared in this case and filed their written version, show cause, relevant documents and citation of Hon’ble Supreme court of India .The Advocate for Ops. narrated everything  before this forum against  the alleged vehicle that the value of this vehicle is more than the pecuniary jurisdiction of this forum. Till appearance of op.parties this forum was no scope to know the actual value of the vehicle is more than the pecuniary jurisdiction of this forum as Advocate for complainant had played hide and seek before this forum for his ill interest, and no where the advocate for complainant has mentioned the actual value of alleged vehicle in his petition for his malafied intension.

                We heard from both the sides and gone through the records and come to the conclusion that the value of the alleged vehicle is more than Rs.20,000,00(Twenty lakh) “In our view ,where a claim of compensation is pleaded in a consumer complaint, then the total value of the goods and /or services as well as that of compensation would determine the pecuniary limit of jurisdiction”. And this forum lacks pecuniary jurisdiction to entertain the complaint petition as per provision laid down U/s.11 (1) of C.P.Act-1986.

                For the aforesaid reasons, we do not find any valid ground to enter into merit of the case. In view of the above reasons the  interim order passed in Misc. case No.7 of 2019 on 9.12.2019 is hereby quashed  and consequently ,C.C Case  No. 25 of 2019 stands dismissed being not maintainable for the purpose of determine of pecuniary jurisdiction .

                However, this order will not debar the complainant to approach the appropriate Forum in accordance with law.    

The order pronounced in open Commission today i.e on 31^st August 2020   .

Pronounced on 31^th August 2020  

       I agree 

 ( Sri B. B. Das)                                                                                                                            ( Smt B. Giri)

Member                                                                                                                                      (I/C.,President)

DCDRC,Keonjhar                                                                                                                     DCDRC,Keonjhar

                                                                            Dictated & Corrected by

                                                                                        ( Smt B. Giri)

                                                                                       (I/C.,President)

                                                                                      DCDRC,Keonjhar                                                              

(Office to send a copy of this order along with relevant documents filed by parties to the  P.S.of Hon’ble SCDRC.odisha,Ctc. For kind perusal of Hon’Ble President).