Order No. 04.
Date- 12/10/2018.
Today is fixed for admission hearing.
Heard the Ld. Advocate for the complainant. Perused the complaint petition coupled with its annexure thereto. Considered.
It is true that the complainant purchased a Bus bearing registration No.WB11J / 0991 after obtaining financial assistance from the O.P.-1Kotak Mahindra Bank Ltd. and availed loan of Rs.12,95,000/- and Rs.3,50,000/- against Agreement Nos.LCV-656401 and LCV-656418 respectively. The total loan amount comes to Rs.16,45,000/-. Complainant also claimed Rs.6,00,000/- as compensation. Thus, the value of Bus and compensation comes to Rs.22,45,000/-. The Hon’ble National Commission in a case reported in I (2017) CPJ 1 (NC) Ambrish Kumar Shukla & (21) Others – Vs. – Ferrous Infrastructure Pvt. Ltd. have decided the issue.
Section-12(1) of the Act deals with the manner in which complaint shall be made. Relevant portion is reproduced as under-
“Manner in which complaint shall be made- (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by-
- the consumer to whom such goods sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided,
Contd. .... 2/-
- any recognized consumer association whether the consumer to whom goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not,
- one or more consumers, where there are numberous consumer having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested,
-
- the Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.”
In Ambrish Kumar Shukla & 21 Others – Vs. – Ferrous Infrastructure Pvt. Ltd. decided on 07/10/2016 the Larger bench of the Hon’ble National Commission have been pleased to observe in para-15 (V) that “The consideration paid or agreed to be paid by the consumer at the time of purchasing the goods or hiring or availing of services as the case may be, is to be considered, along with the compensation, if any, claimed in the pecuniary jurisdiction of a Consumer Forum.”
On reading of the above, it is clear that to determine the pecuniary jurisdiction of a Consumer Forum the consideration paid at the time of purchasing the goods along with the compensation claimed in the complaint to be clubbed together. In the instant case, complainant purchased the Bus at a total consideration of Rs.16,45,000/ after availing loan from the O.P.-1 Bank against Agreement Nos.LCV-656401 and LCV-656418 as it appears from the Annexure-B (Page-30 & 33) of the complaint petition. Complainant claims Rs.6,00,000/- as compensation. If both the amount clubbed the total amount comes to Rs.22,45,000/-which exceeds the pecuniary jurisdiction to adjudicate the complaint case. U/section 11(1) of the C. P. Act, 1986 District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed Rs.20,00,000/-.
In view of the discussion above, this is a fit case which cannot be allowed to adjudicate before the District Forum. Accordingly, we are not inclined to admit the complaint.
Returned complaint petition to the complainant and / or her recorded Lawyer for its presentation before the competent Forum.
