HON’BLE MR. KAMAL DE, PRESIDING MEMBER

Order No. : 02

Date : 19.08.2020

Complainant is present through Ld. Lawyer.

Heard Ld. Lawyer. Considered.

Today is fixed for hearing on the point of maintainability of the case.

Perused the petition of complaint and the documents submitted thereto.

It appears that complainant has filed this complaint for alleged deficiency in service regarding washing machine purchased at Rs. 19,900/- from OP 1.

It appears that the complainant has claimed an amount of Rs. 21 lakh as compensation.

We find that the valuation of the goods sold is Rs. 19900/-. It is not understood why the complainant has claimed compensation to the tune of Rs. 21 lakh when the value of the product i.e. washing machine is only Rs. 19900/-.

We find Consumer Protection Act, 2019 has come into effect on and from 20^th July, 2020. This case however, is filed on 17.07.2020 U/S. 12 of the C.P. Act, 1986 - till then as per C.P. Act, 1986 State Commission has pecuniary jurisdiction where the value of the goods or service rendered exceeds Rs. 20 lakh but the value of the washing machine is Rs. 19900/-.

We thing that the complainant has exaggerated and hiked the claim for compensation to the tune of Rs. 21 lakh to attract the jurisdiction of this State Commission.

We are afraid, the complainant cannot exaggerate compensation to the tune of Rs. 21 lakh on a product of Rs. 19900/- to attract the jurisdiction of this State Commission and as such cause abuse of the process of law.

We think that the case is not maintainable on the point of pecuniary jurisdiction.

Consequently, this case is not maintainable on the point of pecuniary jurisdiction, in this Commission.

Hence,

                                                Ordered

That the instant case be and the same is dismissed being not maintainable in C.P. Act 1986 on the point of pecuniary jurisdiction.

No order as to cost.

Complainant, however, reserves the right to approach the appropriate District Fora to seek remedy, if so, advised and in that case the complainant may take advantage of the ruling of Hon’ble Supreme Court in the case of Laxmi engineering VS PSJ Industrial Institute (11 (1995) CPJ – 1 SC).  

The case is thus disposed of.