Per Justice Shri S.B.Mhase, Hon’ble President:-
None for the appellant. Counsel for the appellant is also absent. However, nobody reports the difficulty of the appellant and its Counsel. After service of notice, Adv.Shreeram B.Deo appears fro respondent no.2. The notice of respondent no.1 & 3 to 5 have returned back as “unclaimed”. Therefore, it is good service on respondent no.1 and 3 to 5. We can dispose of this matter without going into merit of the case.
This appeal takes an exception to an order passed by District Consumer Redressal Forum, Thane in consumer complaint no.07/2004 decided on 15/11/2008. By the said complaint, the appellant has prayed that amount of `2,00,050/- which was deposited with respondent no.1 by six certificates to be returned to the respondents with interest. The total of the deposit slips is of `2,00,050/-. Therefore, the claim is within jurisdiction and power of District Consumer Redressal Forum. It appears that however, the District Consumer Redressal Forum while dealing with these certificates erroneously calculated the amount to `20,00,050/- and therefore, has came to the conclusion that since the amount is above `20 Lakhs, the District Consumer Redressal Forum rejected the complaint being barred by pecuniary jurisdiction. Ld.Counsel for the appellant also pointed out all these calculation to us and submitted that this matter be remanded back to the District Consumer Redressal Forum for consideration afresh.
We have also looked into these figures and we find that District Consumer Redressal Forum have erroneously calculated the amount to `20,00,050/- instead of calculating it as `2,00,050/- and therefore, the decision to hold that there is no pecuniary jurisdiction with the District Consumer Redressal Forum is wrong and erroneous and therefore, we set aside the order passed by the District Consumer Redressal Forum dated 15/11/2008. Hence, we pass the following order:-
:-ORDER-:
1. Appeal is allowed.
2. Impugned order dated 15/11/2008 passed by the District Consumer Redressal Forum, Thane is hereby quashed and set aside.
3. Complaint no. 07/2004 is restored back to its original position. District Consumer Redressal Forum, Thane is hereby directed to dispose of the said complaint on merit within period of two months after the order of State Commission and/or from the date of production of the order by the parties.
4. Dictated on dais.
5. Copies of the order herein be furnished to the parties as per rules.
