Original Case No 1 of 2003

Present :—         1 Shri. D.P.Mukhopadhyay,

                               Member,

State Commission.

 

2. Mo. G.Kaur,

Member,

State Commission.

 

Lt. Commander Subodh Kumar                                                                                  Complainant.

-Vs-

Indian Airlines Alliances Air.

Port Blair & Other.                                                                                                           0pposite Party

Dr. Madhu Krishan – For Complainant

Mr. B.K Das Advocate- For Opposite Party No.1

Mr. Shiva, Advocate- For Opposite Party

Mr. Illango, Advocate & Mrs. Anjali Nag-

Advocate –For Opposite Party No. 2 & 3.

 

Ld. Counsels for the Opposite Party No.1 as well Opposite Party No.2 & 3 raised objection for hearing of the disputes in the State Commission on ground of monetary jurisdiction in the face of amendment of the Consumer Protection Act, 1986  as come into force from 15^th March 2003,where monetary Jurisdiction in State Commission is above Rs .20 Lakhs and since the claim is below the stated amount the dispute warrants rejection.

The Counsel on behalf of the applicant submitted that before the amendment of the said Act the dispute was admitted in the State Commission and hence can continue. The Hon’ble Counsel for Opposite Party submitted that no effective hearing was held so far and in the face of amendment the issue of Jurisdiction needs to be considered.

We are convinced that no effective hearing was held .There admission is not enough to try in face of amendment of the relevant Act. The dispute is dismissed on this ground without Judging the merit of the dispute.

Liberty is given to the applicant to prefer a fresh dispute in appropriate forum.

No cost to dispute.

Plain copy be made available to parties