National Consumer Disputes Redressal
Denis Exports Pvt. Ltd. vs United India Insurance Co. Ltd. on 8 March, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 196 OF 2016 1. DENIS EXPORTS PVT. LTD. (THRU DIRECTOR)
10/2-B, MITTAL INDUSTRIAL ESTATE, ANDHERI KURLA ROAD, ANDHERI(EAST), MUMBAI-400020 ...........Complainant(s) Versus 1. UNITED INDIA INSURANCE CO. LTD. (THRU DIVISIONAL MANAGER)
DIVISION NO.1, MUMABI,
1ST FLOOR, UNIVERSAL BUILDING, P.M. ROAD, MUMBAI-400001 ...........Opp.Party(s)
BEFORE: HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER HON'BLE DR. B.C. GUPTA, MEMBER
For the Complainant : Mr. Anand Patwardhan, Advocate For the Opp.Party :
Dated : 08 Mar 2016 ORDER
The claim comprises a sum of Rs. 94,26,446/- alongwith interest on that amount. The complainant has also claimed a sum of Rs. 2,50,000/- as compensation and Rs. 75,000/- as the cost of litigation. The complaint was filed before the concerned State Commission, which vide order dated 13.10.2015 took the following view:-
"Mr. A. V. Patwardhan, Advocate present for the complainant. Mr. Mehta, Advocate present for the opponent. Advocate Mr. Patwardhan supported by Advocate Mr. Mehta fairly conceded as regard to the position of pecuniary jurisdiction and so also the complaint being filed beyond the pecuniary jurisdiction of this Commission to entertain said complaint. The basic prayer relates to compensation of over Rs. 94 lakhs plus interest @ 15% p.a. from 26.08.2005. When the complaint filed in the year 2006 goes beyond the pecuniary jurisdiction of this Commission. Hence,
-:ORDER:-
1.Complaint stands disposed of with a direction to Registrar (Legal) to return the complaint to the complainant for filing it before appropriate Forum.
2. Upon retaining original set of complaint compilation, other sets of complaint compilation shall be returned to the complainant forthwith."
As per Section 17 of the Consumer Protection Act, the State Commission shall have jurisdiction to entertain the complaint where the value of the goods or services and compensation, if any, claimed exceeds Rs. 20 lakhs, but does not exceed Rs. 1 Crore. The interest, which is a discretionary relief, cannot be added to the value of the goods or services as the case may be, for the purpose of determining the pecuniary jurisdiction of the State Commission. Therefore, in our opinion, since the claim is for Rs. 94,26,446/- + Rs. 25,000/- as compensation, the complaint ought to have been entertained by the State Commission. We, therefore, direct the return of the complaint with liberty to the complainant to file it before the concerned State Commission. As and when filed, the complaint shall be entertained by the State Commission on its merits.
The consumer complaint stands disposed of.
......................J V.K. JAIN PRESIDING MEMBER ...................... DR. B.C. GUPTA MEMBER