HON`BLE MR. SUBHRA SANKAR BHATTA, PRESIDING MEMBER

Ld. Counsel appearing for OP Nos. 1 & 3 is present.

Today is fixed for passing order upon the IA being no. 616/2020 filed by the Petitioner/Opposite Party Reliance General Insurance Company Ltd.

Perused the contention of the IA.

Considered the elaborate submission advanced by the Ld. Counsel for OP Nos. 1 & 3 on 28.09.2022.

Seen the entire materials on record specially, the Complaint Petition and the relief sought for by the Complainant.

By virtue of present IA the Petitioners/OPs have categorically contended that in the petition of complaint the Complainant has claimed Rs.3,00,00,000 (Rs.3 Crores) which is beyond the pecuniary jurisdiction of the Hon`ble State Commission.  On this score Ld. Advocate has referred the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules 2021 and vehemently urged that the Complaint which has been instituted before the State Commission on 03.01.2022 is not at all maintainable on the ground of want of pecuniary jurisdiction.  Ld. Counsel has prayed for dismissal of the Complaint Case on the ground of want of pecuniary jurisdiction.   

It is an admitted fact that this Commission has pecuniary jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds 50 lacs but does not exceed 2crore Rupees.   Herein, the present case the Complainant has claimed Rs.2,27,00,000/- (Two Crores twenty seven lacs) together with other claims totaling claim value at Rs.3,00,00,000/- crores (three crores) which is certainly beyond the pecuniary jurisdiction of this State Commission. 

Considering all aspects from all angles and having considered the submission advanced by the Ld. Counsel for OP nos. 1 & 3 and keeping in mind the position of law as revised on the point of pecuniary jurisdiction, I hold and hold that the present IA being no. 616/2022 should be allowed for the ends of justice.

Hence,

O R D E R E D

That the present IA filed by Petitioner/OP being no. 616/2022 be and the same is allowed ex parte but without any order as to costs.

Complainant has no pecuniary jurisdiction to institute the present Complaint Case before this State Commission and as such the present Complaint case being CC/01/2022 is liable to be dismissed for want of pecuniary jurisdiction. However, Complainant is at liberty to file the complaint before the appropriate authority.

Thus, the Complaint Case being No. CC/01/2022 be and the same is dismissed for want of pecuniary jurisdiction. 

Note accordingly.