State Consumer Disputes Redressal Commission
M/S Motiwala Infrastructure Pvt Ltd vs Janata Sahakari Bank Ltd on 14 June, 2022
1 CC/2/2022
Date of filing :21.12.2021
Date of order :14.06.2022
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
C.C.NO.: 02 OF 2022
M/s Motiwala Infrastructure Pvt.Ltd.,
Through its Director,
Zuber Amanullah Motiwala,
Office at : M/s Motiwala Infrastructure,
Jalna Road, Aurangabad. ...COMPLAINANT
VERSUS
1. Janata Sahakari Bank Ltd.,
Branch at Auranagabad,
Through its Branch Manager ,
Office at Opposite Gomtesh Market,
Dalalwadi, Aurangabad.
2. Karad Urban Co-opponent.Bank Ltd.,
Through its Manager,
Office at Puja Complex,
Rukhmini Nagar, Karad,
Dist.Satara - 415110. ...OPPONENTS
CORAM : Smt.S.T.Barne, Hon'ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon'ble Member.
Present : Adv.A.M.Mamidwar for complainant .
JUDGMENT
(Delivered on 14/06/2022) Per Smt.S.T.Barne, Hon'ble Presiding Judicial Member.
1. Complainant M/s Motiwala Infrastructure Pvt.Ltd., has filed this consumer complaint against the Janata Sahakari Bank and Karad Urban 2 CC/2/2022 Co-operative Bank Ltd. due to dishonour of two cheques amounting to Rs.1 crore each presented by him for encashment to Janata Sahakari Bank which is returned with endorsement to Karad Urban Co-operative Bank with cheque return memo on 27.04.2020 with the endorsement that instrument 'outdated/stale'. At this stage without going into merits of the case, the complainant is verified for the purpose of pecuniary jurisdiction of this Commission at the stage of admission. It reveals that complaint is presented to this Commission on 21/2/2021 after commencement of Consumer Protection Act 2019. On pecuniary jurisdiction provision of Section 47(1) clause a(ii), "subject to the other provisions of this Act, the State Commission shall have jurisdiction (a) to entertain-(i)complaints where value of goods or service paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crores".
However, it is further amended by notification in the Govt. Gazette of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) dt. 30/12/2021 which provides pecuniary jurisdiction of this Commission from Rs.50 lacs to 2 crores.
2. In the case in hand, value of each cheque is shown as Rs.1 crore and the complainant has claimed amount of Rs.2 crores against dishonoured cheque with 18% interest, compensation of Rs.5 lakhs towards expenses of litigation and advocate fee, Rs.1 lakh towards mental agony and Rs.50,000/- towards limitation charges. So far as the requirement for the pecuniary jurisdiction of state Commission is concerned it is to be ascertained on the basis of consideration paid. However, in this case it is not the case of actual consideration paid and if there is no consideration 3 CC/2/2022 shown then complaint has to be presented before the lower court i.e. District Commission. Hence, it is to be returned for proper presentation. Hence the order.
O R D E R Complaint be returned to the complainant for proper presentation to the Commission having pecuniary jurisdiction in accordance with law and subject to law of limitation.
Sd/- Sd/-
Mr.K.M.Lawande Smt.S.T.Barne,
Member Presiding Judicial Member
MBM