NCDRC

NCDRC

RP/91/2019

PAVITRA SHEKHAR BOSE - Complainant(s)

Versus

T.C.A. RANAGANATHAN (DIRECTOR OF INDIAN OVERSEAS BANK) - Opp.Party(s)

IN PERSON

08 Nov 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 91 OF 2019
(Against the Order dated 16/11/2018 in Appeal No. 265/2018 of the State Commission West Bengal)
1. PAVITRA SHEKHAR BOSE
6B, DR. SARAT BANERJEE ROAD, 1ST FLOOR,
CALCUTTA-700029
WEST BENGAL
...........Petitioner(s)
Versus 
1. T.C.A. RANAGANATHAN (DIRECTOR OF INDIAN OVERSEAS BANK)
763, ANNA SALAI,
CHENNAI-600002
TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
 HON'BLE MRS. JUSTICE SAROJ YADAV,MEMBER

FOR THE PETITIONER :
IN PERSON
FOR THE RESPONDENT :
MS. SWEETY SOOD, ADVOCATE (VC)

Dated : 08 November 2024
ORDER

           The Petitioner/ Complainant appearing in person submitted that he has filed this Revision Petition against the Order of West Bengal State Consumer Disputes Redressal Commission dated 16.11.2018, which dismissed his Appeal holding that the District Consumer Disputes Redressal Forum, Kolkata by its Order dated 15.02.2018 had rightly dismissed his Complaint on grounds of pecuniary jurisdiction.

           He submitted that he has not been heard by either the State Commission or the District Forum. His Complaint was filed in the year 2017 before the District Forum.

           Even if the District Forum held that it did not have the pecuniary jurisdiction, the State Commission should have heard the Petitioner/ Complainant rather than dismissing the Appeal on the ground that the District Forum was right in dismissing his Complaint.

           It is a fact that the Petitioner/ Complainant has not been heard at all by any of the two Commissions. Since the Complaint was filed under Consumer Protection Act, 1986 the District Forum did not have the jurisdiction to hear the Complaint as the amount exceeded by Rs.20,00,000/-. However, in our considered opinion the State Commission should have heard the matter and passed its Order on merits.

           Accordingly, in view of the submission made by the Petitioner in person and on perusal of the Record, we are of considered opinion that a fresh Complaint be filed by the Petitioner/ Complainant before the State Commission which has the jurisdiction and which shall hear the same expeditiously and pass the Order on merits, without taking cognizance of limitation in filing of the Complaint as the matter has already been under litigation since 2017 and provided the Complaint is filed within 30 days of this Order.

 

           The Revision Petition is accordingly disposed of.

 
............................
BINOY KUMAR
PRESIDING MEMBER
 
 
............................J
SAROJ YADAV
MEMBER

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