NCDRC

NCDRC

RP/602/2012

LUXMI DUTT GUPTA & ANR. - Complainant(s)

Versus

SYNDICATE BANK - Opp.Party(s)

IN PERSON

30 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 602 OF 2012
 
(Against the Order dated 16/11/2011 in Appeal No. 535/2011 of the State Commission Delhi)
1. LUXMI DUTT GUPTA & ANR.
Luxmi Dutt Gupta,8/6 Alipur Road (Sham Nath Marg) Civil Lines
Delhi -54
2. Sandhya Gupta,
Luxmi Dutt Gupta,8/6 Alipur Road (Sham Nath Marg) Civil Lines
Delhi - 54
...........Petitioner(s)
Versus 
1. SYNDICATE BANK
through its Branch Manager, D-89 kamla Nagar
Delhi - 110007
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :IN PERSON
For the Respondent :
Mr. Ajant Kumar, Advocate

Dated : 30 Aug 2012
ORDER

Order dated 16.11.2011 by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in appeal no. 2011/535 is under challenge in these proceedings. The State Commission has dismissed the appeal filed by the petitioner herein against the order dated 07.09.2011 passed by the District Forum, Tis Hazari, Delhi in complaint case no. 702/2007 primarily on the ground that the District Forum which decided the complaint had no pecuniary jurisdiction to entertain and decide the complaint in as much as the complainant in his complaint had made a claim of Rs.48 lakh, i.e., Rs.35 lakh were on account of loss of the original documents and Rs.8 lakh on account of financial loss and Rs.5 lakh towards compensation. 2. We have heard the petitioner in person and Mr. Ajant Kumar, counsel for the respondent bank and have considered their respective submissions. The petitioner has brought to our notice that initially, going by the value of the claim made by him in the complaint, he had in fact filed the complaint before the State Commission only but the State Commission taking the view that the claim was exaggerated or could not have exceeded Rs.20 lakh, in any case, vide order dated 24.08.2007 returned the said complaint to the concerned District Forum for trial. It was under these circumstances that District Forum had answered the complaint. Once the District Forum had decided the claim pursuant to the order of the State Commission relegating the complaint to the jurisdiction of the District Forum which had become final having not been challenged either by the petitioner or by the respondent, the District Forum was duty bound to decide the complaint. It appears that these facts / background was not brought to the notice of the State Commission at the time of hearing when the impugned order came to be passed. In our view, the order cannot be legally sustained and since the appeal has not been considered by the State Commission on its merits, we partly allow the revision petition and remit the appeal to the Board of the State Commission for deciding the same afresh on merits. Parties are directed to appear before the State Commission on 8.10.2012 for further directions. Needless to mention that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to take a view which it deems fit in the peculiar facts and circumstances of the case. We request the State Commission to decide the appeal of the petitioner as expeditiously as it may be practicable but not later than 6 months from the date of appearance of the parties.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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