Learned counsel for the parties are present.
On request and consent of the learned counsel for the parties, revision petition is taken up for disposal at the stage of admission.
Heard.
In this revision, the revision petitioners, assail the legality of the impugned order dated 27.12.2019 passed by the District Forum, Angul in Misc. Case No. 40 of 2018 arising out of C.C.No. 83 of 2018.
The revision petitioners representing financer are the opposite parties where as the opposite party is the complainant before the District Forum.
By the impugned order, the revision petitioners have been directed to release the repossessed vehicle to the complainant on receipt of Rs.1,50,000/-.
It is contended on behalf of the revision petitioners that in response to notices issued in Misc. Case No. 40 of 2018 and C.C. No.83 of 2018 the revision petitioners filed show cause and written version respectively assailing the maintainability of the Consumer Complaint on the ground of lack of pecuniary jurisdiction. It has also been contended that the Consumer Complaint is not maintainable since the complainant is not a ‘consumer’ within the meaning of Section 2(1)(d) of the C.P.Act, 1986. It is submitted that before passing any interim order, it was obligatory on the part of the learned District Forum to examine both the contentions in order to hold that the District Forum has jurisdiction to entertain the complaint.
It is not disputed on behalf of the opposite party/complainant that question of maintainability of the complaint has been raised by the revision petitioners in their show cause as well as in the written version.
When question of maintainability of a complaint has been raised on grounds of pecuniary jurisdiction, limitation, etc, it is for the District Forum to examine the question of jurisdiction before proceeding with a complaint. It is now well settled that question of pecuniary jurisdiction and bar of limitation have to be determined by the Forum before admission of a complaint.
Since it is not disputed that question of maintainability of the complaint has been raised on behalf of the opposite parties before the learned District Forum, the learned District Forum ought to have decided the jurisdiction to entertain the complaint before passing any order including an interim order.
In the above view of the matter, without entertaining into the merit of the interim order, the revision petition is disposed of directing the District Forum to consider the question of maintainability of the complaint on the above referred grounds within a period of 30 days from filing of certified copy of this order.
Parties are directed to appear before the learned District Forum on 27.3.2019 when certified copy of this order shall be filed by the revision petitioners upon which the learned District Forum shall proceed to dispose of the question of maintainability as directed above.
Status quo with regard to repossession of the vehicle shall be maintained till 10th of May, 2019.
