A complaint under Section 17 of the Consumer Protection Act was instituted by the respondents / complainants before the concerned State Commission against the petitioner company.  The learned counsel for the appellant in First Appeal No. 227 of 2017 / opposite party states that without admitting the complaint, notice was issued to the opposite party which filed a written version taking preliminary objections that the complaint was time barred and that the State Commission did not have pecuniary jurisdiction to entertain the complaint.

2.     When the complaint came up for hearing before the State Commission on 17.11.2016, the opposite party relying the decision rendered by Three-Members Bench of this Commission in Ambrish Kumar Shukla & Ors. Vs. Ferrous Infrastructure Pvt. Ltd., CC No. 97 of 2016 dated 07.10.2016 submitted that the State Commission did not have pecuniary jurisdiction to entertain the complaint.  Thereupon, the State Commission sent the complaint to this Commission for taking further necessary action and directed the parties to appear before this Commission on 11.01.2017.

3.     In terms of the order of the State Commission dated 17.11.2016, the consumer complaint filed by the respondents in FA/227/2017 has been registered as CC No. 59 of 2017.

4.     The contention of the learned counsel for the appellant in FA No. 227 of 2017 is that the State Commission could not have just sent the complaint to this Commission that that the procedure adopted by the State Commission is not sanctified by the Provisions contained in the Consumer Protection Act.

5.     A similar issue came up for consideration of this Commission in Dushyant Kumar Gupta Vs. Today Homes & Infrastructure Private Ltd. & connected matters decided on 31.1.2017.  In the above referred matter a number of consumer complaints in which this Commission did not possess the requisite pecuniary jurisdiction to entertain the said complaints, were instituted before this Commission.  The opposite party took an objection that this Commission did not have pecuniary jurisdiction to entertain the complaints, which ought to have been instituted before the concerned State Commission.  The following was the view taken by this Commission in the above referred matters:

        “12.    Now I am coming to the complaints which do not come within the pecuniary jurisdiction of this Commission.  The question which arises for consideration as to what course of action should be adopted in respect of these complaints which have been pending with this Commission for the last about 1½ years.  One course can be to dismiss these complaints with liberty to such complainants to institute fresh complaints before the concerned State Commission.  The aforesaid course of action, in my view, would not be fair and reasonable, considering that the complaints are pending for about 1½ years and at one point of time, this Commission held the view that the market value of the flat as on the date of filing of the complaint could be treated as the value of the service in such matters.  In my view, the appropriate course of action in such matters would be to follow the procedure prescribed in Order 7 Rule 10 A of the Code of Civil Procedure.  Though, the aforesaid provision has not been expressly extended to this Commission by Section 13 (4) of the Consumer Protection Act, the principle underlying the said provision can in appropriate cases, be adopted by this Commission, in order to protect the interest of the consumers, while simultaneously ensuring that no prejudice is caused to the service provider by adopting such a course of action.  The opposite party in these cases has filed its written version on the merits of the complaints.  It has also led evidence on merits.  No prejudice would be caused to the opposite party if the complaints are returned for being presented before the concerned State Commission, with a direction to the State Commission to decide them afresh, taking into consideration, the pleadings, affidavits and the evidence including documentary evidence filed by the parties before this Commission provided an opportunity is given to the parties to lead additional evidence and if filed, such additional evidence is also considered along with the evidence, which was filed before this Commission.  The aforesaid course of action besides ensuring a prompt and expeditious disposal of the complaints by a competent Consumer Forum will also ensure that no prejudice is caused to either party in any manner”.

6.     In view of the decision of this Commission in Dushyant Kumar Gupta (supra), the First Appeal as well as the Consumer Complaint No. 59 of 2017 are disposed of with the following directions:

(i)     The original complaint instituted by the complainants with the State Commission shall be returned to them along with an endorsement containing the date of presentation and return of the complaint, the name of the complainant(s) presenting the complaint and a brief statement of reasons for returning the complaint;

(ii)    The complaint shall be returned by the concerned State Commission within six weeks from today, along with the requisite endorsement and can be presented before this Commission within two weeks thereafter.

(iii)   The parties shall appear before this Commission at 10.30 a.m. on 30.11.2017.

(iv)   If the complaint is instituted before this Commission it need not issue a fresh notice, requiring the parties to appearing before it on the aforesaid date.

(v)    This Commission shall deal with the complaint in terms of Para-12 of the order passed by this Commission in Dushyant Kumar Gupta (supra).

(vi)   When the complaint comes up for hearing before this Commission, the appellants in FA No. 227 of 2017 / opposite party shall be entitled to raise all such plea as may be open to them in law, including that the complaint ought to have been admitted before issuance of the notice to them and that the same is barred by limitation.

The original complaint record received from the State Commission be returned to it within one week from today.

Dasti under the Signature of Court Master.