Order  Below  Exhibit 1

PER SHRI. S.M. RATNAKAR - HON’BLE PRESIDENT  :

1)        The Complainants by this complaint have claimed total amount of Rs.18,49,382/- with interest @ 12% p.a. from 01/11/2011 till realization of the said amount. The complaint is filed on 22/02/2013. The interest as claimed on the aforesaid amount till filing of complaint from 01/11/2011 would be certainly to the tune of more than Rs.3,00,000/- and the total claim made in the complaint would be 21,50,000/-.  We heard the Advocate for the Complainants Shri. Ganesh Shirke.  He made submission that it is the discretion of the Forum how much interest is required to be granted and therefore, the complaint can be tried by this Forum.  In our view the said submission made by Shri. Ganesh Shirke, Advocate cannot be accepted as the witness of the Complainant Mr. Haji Abdul Sattar Merchant, Chairman and Managing Trustee of the Complainant Trust has specifically claimed interest on the total amount of Rs.18,49,382/- @ 12% p.a. or at such rate as this Forum may determined.  The Complainants thus, specifically claimed interest @ 12% p.a. from 01/11/2011 till filing of the complaint thus, the total valuation of the complaint at the time of deciding this complaint on merits would be more than the pecuniary jurisdiction of this Forum.  Recently the Hon’ble State Commission in the case of O.K. Marine V/s. New India Assurance Co. Ltd., in Complaint No.33/2006, decided on 08/07/2014 by considering the decision of the Hon’ble National Commission in the case of Omex Ltd. V/s. Ms. Iqbal Begum & Ors., decided on 16/05/2014 in First Appeal No.2013/887 wherein it was held that by clubbing the total amount claimed by the Complainant, the claim exceeds of the pecuniary jurisdiction of the State Commission of more than Rs.1 Crore and therefore, the Hon’ble State Commission has no jurisdiction to entertain the complaint and the complaint was maintainable only before the Hon’ble National Commission under Sec.21 of the Consumer Protection Act, 1986.  The Hon’ble State Commission also in the aforesaid case (Cited Supra) held that it has no jurisdiction to entertain and adjudicate the complaint and further held that consequently other points do not survives for consideration.  In the present complaint though the Opposite Party has been proceeded ex-parte but in our view as this Forum has no pecuniary jurisdiction to entertain this complaint on merits and the present complaint deserves to be returned to the Complainant for filing before the Hon’ble State Commission, Maharashtra, Mumbai.  Accordingly we passed the following order -     

O R D E R

             i.        For want of pecuniary jurisdiction the Complaint No.46/2013 be returned to the Complainant for filing before the Hon’ble  

                      State  Commission, Maharashtra,  Mumbai, on the same cause of action, excluding the period consumed before this Forum as

                      provided under Sec.14 of the Limitation Act.

           ii.       The Complainant to file the returned complaint before the Hon’ble State Commission within the period of 45 days from the date

                     of this order.

          iii.       There is no order as to cost. 

    iv.       Certified copies of this order be furnished to the parties.