Leave granted.
Heard learned counsel for the parties.
The appellant filed a complaint before the Andhra Pradesh State
Consumer Redressal Commission [for short, `the State Commission'] claiming
compensation to the tune of Rupees forty lakhs by alleging that his wife died due to
negligence of the respondents. By an order dated 20th August, 2006, the State
Commission without even adverting to the averments contained in the complaint and
the prayer made therein, directed the complainant to present the complaint before an
appropriate District Forum. The order of the State Commission has been confirmed
by the National Consumer Disputes Redressal Commission [for short, `the National
Commission'] by the impugned order. Hence, this appeal by special leave.
In our view, the District Forum cannot adjudicate the complaint made by
the appellants because its jurisdiction is upto Rupees twenty lakhs only. This being
the position, it
must be held that the State Commission was not justified in directing the complainant
to file complaint before the District Forum and the National Commission committed
serious error by confirming the order of the State Commission.
Accordingly, the appeal is allowed, the orders passed by the State
Commission and confirmed by the National Commission are set aside and the matter
is remitted to the State Commission to dispose of the complaint in accordance with
law, after giving opportunity to the parties to adduce evidence.
[RAJENDRA MAL LODHA] New Delhi, December 17, 2008.