State Consumer Disputes Redressal Commission
Shree Mb Industries vs Sushil Bhatar & Anr. on 18 February, 2010
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION(STATE COMMISSION,CONSUMER PROTECTION) RAJASTHAN,JAIPUR. Misc.Application No.339/2009 in Appeal No.1500/08(registered by Jaipur Bench Appeal no.137/09 registered by Circuit Bench,Jodhpur). Shree M.B.Industries,F.228 Road No.1 Mewar Industrial Area,Udaipur. Petitioner/opposite party V. 1.Sushil Bhatar,47 B/3 PWD Colony,Jodhpur. 2.Mangaldeep Industries through Sushil Bhatar, G.284,IIrd Sector,Boranada,Jodhpur. Respondents/complainants Date of Judgment: 17.02.2010 PRESENT Hon'ble Mr.Justice Sunil Kumar Garg-President Mr.Sashi Kumar Pareek-Member Shri B.C.Parekh,counsel for the petitioner (op) Shri Sushil Bhatar himself present for the respondents(complainants) JUDGMENT2
BY THE STATE COMMISSION(PER HON'BLE MR.JUSTICE SUNIL KUMAR GARG,PRESIDENT) This Misc.Transfer Application no.339/09 has been filed by the petitioner op with a prayer that the appeal no.137/09 registered at Circuit Bench,Jodhpur which was filed by the petitioner op against the order dated 6.5.08 passed by the District Forum,Jodhpur in complaint no.544/05 be withdrawn from Circuit Bench,Jodhpur and be transferred to the State Commission at Jaipur.
2. It arises in the following circumstances:
That a complaint was filed by the non-petitioners complainants against the petitioner op before the District Forum,Jodhpur bearing complaint no.544/05 and that complaint was dismissed by the District Forum,Jodhpur through order dated 8.1.07 interalia holding that since the questions involved in the complaint were of complicated in nature,therefore,they could not be decided in summary proceedings and could be decided only by the Civil Court.
Against that order dated 8.1.07 the complainants non-petitioners had filed an appeal bearing no.15/07 before the Circuit Bench,Jodhpur,Rajasthan and that appeal was decided by the Learned Circuit Bench,Jodhpur through judgement dated 5.9.07 by which the appeal filed by the non-petitioners complainants was allowed and the impugned order dated 8.1.07 passed by the District Forum,Jodhpur was quashed and set aside and the case was remanded back to the District Forum,Jodhpur to decide the complaint afresh on merits in accordance with law.3
Further after remanding the matter to the District Forum,Jodhpur by the Circuit Bench,Jodhpur,the District Forum,Jodhpur had again decided the complaint no.544/05 through order dated 8.5.08 and the complaint filed by the non-petitioners complainants was allowed against the petitioner op.
3. Aggrieved from the order dated 8.5.08 passed by the District Forum,Jodhpur, the petitioner op had filed an appeal before this Commission in place of Circuit Bench,Jodhpur and that appeal was registered as Appeal No.1500/08 and through order dated 3.7.09 notices were issued on that appeal and parties were directed to appear before the Circuit Bench,Jodhpur on 6.8.09 as the matter was within the jurisdiction of the Circuit Bench,Jodhpur. Thereafter the appeal no.1500/08 which was registered in the State Commission,Jaipur was sent back to the Circuit Bench,Jodhpur where it was registered as Appeal No.137/09 and parties had appeared there.
4. After that the present transfer petition has been filed by the petitioner op with a prayer that appeal no.137/09 at present pending before the Circuit Bench,Jodhpur be withdrawn from there and be transferred to this Commission on the grounds that this appeal be not heard by the Presiding Officer and Member of the Circuit Bench,Jodhpur as the petitioner op has apprehension that the petitioner op would not get justice from Circuit Bench,Jodhpur.
5. Notices of that transfer petition were issued to the non-petitioners complainants and reply has been filed by them today interalia stating that the allegations made in the transfer application are baseless and transfer application be rejected.
46. We have heard and perused the record submitted by the parties.
7. It may be clarified here that so far as the territorial jurisdiction of hearing the appeal arising from order passed by the District Forum,Jodhpur is concerned,that now lies with the Circuit Bench,Jodhpur as this Bench was created at Jodhpur to hear the cases arising from orders passed by the District Forum,Jodhpur and some other District Forums.
8. From that point of view,it could easily be concluded that since the impugned order dated 8.5.08 in complaint no.544/05 was passed by the District Forum,Jodhpur,therefore,the territorial jurisdiction to hear the appeal against that order lies with the Circuit Bench at Jodhpur and from that point of view as a rule this appeal be heard by the Circuit Bench,Jodhpur.
Grounds of apprehension.
9. Since simply because the complaint of the non-petitioners complainants was dismissed initially through order dated 8.1.07 and simply because on remand the complaint filed by the non-petitioners was allowed through order dated 8.5.08 it would not be a ground to transfer the appeal from Circuit Bench,Jodhpur to State Commission,Jaipur.
10. It may further be stated here that there must be substantial ground for transfering a case from one place to another place as transfer of a case from one Court/District Forum/Circuit Bench to another indirectly casts doubt on the competence and integrity of the Judge from whom the case is sought to be transferred. Mere presumptions or possible apprehensions are not sufficient 5 grounds for transfer and transfer could be made if there are good and sufficient grounds clearly set out in the petition and in this case they are missing.
11. Further a transfer should not readily be granted for any fancied notion of litigant. It should be granted only to ensure that the petitioner would get fair impartial justice if the case is transferred. The Yardstick is the interest of justice and this aspect is missing in this case.
12. Expressing opinion previously by the Court on certain points involved it is not a ground for transfer of the case to another Court.
13. For reasons as stated above,this Commission is of the view that the petitioner op had failed to substantiate the grounds for transfer of Appeal no.137/09 from the Circuit Bench,Jodhpur to the State Commission,Jaipur and with the result this transfer petition deserves to be rejecteded and the same is rejected. Parties are directed to appear before the Circuit Bench,Jodhpur on 12.3.2010 as the date which is already fixed there.
(Sashi Kumar Pareek) (Justice Sunil Kumar Garg) Member President A/G