Calcutta High Court (Appellete Side)
Avinash Kankani & Ors vs New Kenilworth Hotel Pvt. Ltd on 3 July, 2017
Author: Mir Dara Sheko
Bench: Mir Dara Sheko
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
(Appellate Side)
PRESENT:
The Hon'ble Justice Mir Dara Sheko.
C.O. No. 3524 of 2016
Avinash Kankani & Ors.
-Versus-
New Kenilworth Hotel Pvt. Ltd.
For the Petitioners : Mr. A.K. Chatterjee
Mr. R. Dutta.
For the Opposite Party: Mr. Jayanta Sengupta.
Heard on : 03.04.2017.
Judgment on : 3rd July, 2017.
Mir Dara Sheko, J. : 1.The application under Article 227 of the
Constitution of India has been directed assailing order no.13
dated 20th May, 2016 passed by the Hon'ble members of the
State Consumer Disputes Redressal Commission West Bengal
(shortly to be called on hereafter only as the State Commission)
in a complaint case CC/112/2013 (Avinash Kankani & Ors. Vs.
New Kenilworth Hotel Private Limited, shortly to be called on
hereinafter only as the O.P) where, the State Commission,
entertaining an application being MA 964 of 2015 filed by the
O.P questioning maintainability of the said complaint case before
the State Commission on the point of pecuniary jurisdiction,
dismissed the complaint with liberty to file the same before the
appropriate forum.
2. Mr. Chatterjee, learned Senior Counsel for the petitioners
argued that once the complaint case was admitted by the State
Commission, registered it, pleadings were complete, as a result
of filing of written version by the O.P evidence on affidavit was
filed by the petitioner, the State Commission thereafter without
adjudication ought not to have dismissed on lack of pecuniary
jurisdiction. Submitted further that every such orders passed by
the State Commission since after registration of the complaint till
before filing of application being MA 964/2015 being final order
under Section 24 of the Consumer Protection Act 1986, shortly to
be called on hereafter only as the Act, so far as the respective
stages were concerned, and, there being no appeal, preferred by
the opposite party against either of those final orders, then only
recourse was opened before the State Commission to adjudicate
the complaint case on merit instead of dismissing the complaint
with liberty to file before the appropriate forum.
Mr. Chatterjee relied upon the case of Charan Sing Vs. Healing
Touch Hospital & Ors. decided by three Judges' Bench of the
Supreme Court reported in (2000) 7 Supreme Court Cases 668.
Submitted thereby to allow the revisional application setting
aside the order of the State Commission.
3. Mr. Roy, learned Counsel for the O.P. inviting attention to
Sections 19 and 21 of the Consumer Protection Act, 1986 per
contra submitted that there having efficacious remedy in the Act,
and since such special statute is self-contained with the steps to
be adopted in any eventuality, the High Court should not invoke
the jurisdiction under Article 227 of the Constitution of India, to
interfere with the order impugned passed by the State
Commission upon hearing both sides, since only remedy of the
petition was to prefer appeal before the National Commission, if
aggrieved by the impugned order. Mr. Roy thereby relied on two
following decisions:-
1. Om Prakash Saini Vs. DCM Limited and Others
reported in (2010) 11 Supreme Court Cases 622
2. Nivedita Sharma Vs. Cellular Operators Association of
India and Others reported in (2011) 14 Supreme Court
Cases 337.
Perused the materials on record including the impugned order
and the cases cited at the Bar.
4. The only point, to be considered by this Court, is whether the
State Commission committed any error in the decision making
process by dismissing the complaint with liberty to file the
complaint before appropriate forum, instead of adjudicating the
complaint case, or, whether there being efficacious remedy in the
Act this Court should remain within self-constrained restriction?
5. From record it reveals that the complaint case was filed on
05.06.2013 and upon hearing after admitting the complaint
directed notice upon the O.P. fixing date for S.R and appearance.
On next date the O.P appeared and on next date thereafter filed
written version. The case was accordingly posted for evidence on
affidavit which though was filed by the petitioner, but evading
four intervening dates, the O.P, instead of submitting evidence by
affidavit, filed the impugned application on 3rd December, 2015
being MA/964/2015 praying to excuse the delay in filing such
application, and, prayed for dismissal of the complaint case on
the following reasons:-
(i) The claim is baseless, misfounded, dishonest,
vexatious and it is filed to extort money and it is filed
jointly with a view to attract pecuniary jurisdiction of
the State Commission.
(ii) It suffers from misjoinder of causes of action and
parties.
(iii) Complaint as regard claim of nos. 2 to 6 is not
entertainable by the State Commission and each of
their claims are separately valued at Rs.5 lakh.
The prayers of the said application are also set out hereunder:-
(a) The complaint being S.C. No. 112 of 2013 be
dismissed in limine with exemplary costs;
(b) Stay of all further proceedings in S.C. No.112 of
2013 pending disposal of the present application;
(c) Ad-interim order in terms of prayers above;
(d) Such other of further orders as this Hon'ble
Commission deems fit and proper.
6. The State Commission, upon hearing both sides observed in
the penultimate part of the impugned order which are as follows:-
"The complaint has been instituted alleging
deficiency in service against the OP. The
Complainants have prayed for compensation of Rs.
49 lakh. From page 22 being annexure to the
complaint it appears that the total amount of the bill
was Rs. 5,565/-. So far as the amount of
compensation is concerned, there is no break up in
paragraph 23 of the complaint. In view of the value
of the hiring services, we are of the view relying on
the decisions cited by the Learned Counsel for the
Misc. Applicant that the amount of compensation is
inflated. The complaint should have been filed
before the Learned District Forum. The decision cited
by the Learned Counsel for the Complainants is not
applicable in the circumstances of the instant case.
We are of the considered view that the question of
non-maintainability of the complaint is a question of
law and it can be raised at any stage of the
proceeding.
MA 964 of 2015 is allowed. The petition of complaint
is dismissed with liberty to the Complainants to file
the complaint before the appropriate Forum".
7. Invoking of jurisdiction over any dispute by the concerned
District Forum, State Commission and of the National
Commission is dependent in two fold manner, one is territorial,
and, the other is pecuniary jurisdiction. In the present case
discussion on pecuniary jurisdiction is relevant. In the Act
thereby, so far as pecuniary jurisdiction of the District Forum is
concerned, Section 11 has fixed the limit "where the value of the
goods or services and the compensation, if any, claimed does not
exceed rupees twenty lakhs", so far as the State Commission
where "exceeds rupees twenty lakhs but does not exceed rupees
one crore", and in case of National Commission if it exceeds, "the
values of the goods or services and compensation, if any, claimed
exceeds rupees one crore."
8. In view of the above provisions, in all the three tier systems the
pecuniary jurisdiction has been fixed by putting respective outer
limit. Though there is no provision in the Act making the State
Commission a complete bar that it cannot take cognizance of
any "value of the goods or services and compensation" if it does
not exceed rupees twenty lakhs. Similarly the Act does not
provide any embargo upon the National Commission that it
would not be able to take cognizance if it does not exceed rupees
one crore. Rather reading all the provisions like Sections 11 or
17 or 21 of the Act harmoniously this court finds indication that,
"subject to the other provisions of this Act" the respective agency
"shall have jurisdiction to entertain" (emphasis supplied) if any
claim respectively does not exceed Rs.20 lakhs, so far the
District Forum is concerned, exceeds Rs.20 Lakhs, but does not
exceed Rs.1 Crore so far as the State Commission is concerned,
and exceeds Rs.1 crore so far National Commission. Therefore by
further discussion hereafter endeavour would be, even for
argument sake if it is found that by adjudication the value of the
goods or services and the compensation fell short of Rs.20 lakhs,
whether the State Commission would be out of, or, without
jurisdiction, or, would suffer from incompetence to finally
adjudicate such a complaint case. Incompetence, so far as
pecuniary jurisdiction is concerned, would be counted to
designate an order without jurisdiction, if the District Forum
would entertain a claim exceeding Rs.20 Lakhs, or the State
Commission would entertain a claim exceeding Rs.1 crore.
Therefore, competence of any order is tested always in terms of
outer limit of the pecuniary jurisdiction. Therefore, if any such
order is passed by either of the State or National Commission in
a matter which may not reach its inner limit would not be
captioned as an order without jurisdiction if the other side failed
to establish as to how he has become prejudiced, or in that case,
there was complete failure of justice. From the angle of natural
justice is concerned, the party at defeat only might be deprived
of one forum, but the said ground ought to have been pleaded
which is absent in this case. That is why sub-Section (2) of
Section 21 of the Code of Civil Procedure lays down as follows:-
"No objection as to the place of suing shall be
allowed by any Appellate or Revisional Court
unless such objection was taken in the Court of
first instance at the earliest possible opportunity
and in all cases where issues are settled at or
before such settlement, and unless there has been
a consequent failure of justice."
9. Section 3 of the Act lays down, the provisions :-
Section 3:- Act not in derogation of any other
law.- The provisions of this Act shall be in addition
to and not in derogation of the provisions of any
other law for the time being in force.
10. Though all the provisions of the Code of Civil Procedure are
not applicable in determining the dispute under the Act, but
every such proceeding before either of those three agencies shall
be deemed to be a judicial proceeding being vested with some
special powers under Section 13 sub-sections (4), (5), (6) & (7)
and the Forum or Commissions have been enjoying the same
powers, as have been vested to the civil court, in all eventualities
laid down under Section 13 of the Act.
11. Therefore, the legislation consciously did not provide any law
in the Act like order 7 Rule 10 or Rule 11 of the Code of Civil
Procedure, but the Rules making authority provides that if a
complaint is not accompanied with the prescribed fees or the fees
in accordance with rule 9A(1) of 1987 Rules, the forum or
Commission, as the case may be, instead of rejecting any such
complaint, shall return the same to the complainant.
12. Though Section 12(3) of the Act has empowered all the three
agencies also to reject the complaint with the proviso appended
thereto, still, the rule of law has established the norms that
admission of a complaint is the normal rule, and its rejection is
an exception and even the same is not permissible unless an
opportunity of being heard is given to the complainant.
Rejection of complaint in limine may be permitted only under the
following circumstances:-
"(i) where the complaint on the face of it is time barred
and there is no prayer for condonation of delay under
sub-sec.(2) of sec. 24A, or (ii) where even after
accepting all the averments made in the complaint it is
apparent that the complainant is not a consumer
within the meaning of sec. 2(1)(d) or no consumer
dispute is raised in the complaint. (iii) There may be
another situation which calls for dismissal of the
complaint before issuing notice upon the opposite
party. This arises when a petition under sec. 24A(2) is
filed along with a complaint, but the complainant fails
to satisfy the Forum that there is sufficient ground for
condonation of delay."
13. In the case on hand, however, the State Commission
dismissed the complaint giving liberty to the complainant to file
before the appropriate Forum. Meaning thereby, the State
Commission did not return the complaint to present before the
appropriate Forum, but keeping the complaint case on hold for a
period of about 2 years 11 months dismissed it. It means, if the
order is consumed by the petitioners then they are supposed to
file a fresh complaint before the concerned District Forum if they
do want to pursue with the alleged cause of action which started
on 29th December, 2012 and continued through written
communications upto 1st week of February, 2013. Section 24A
which has specified the stipulated period in the matter of filing
complaint is set out:-
Section 24A:- (1) The District Forum, the State
Commission or the National Commission shall
not admit a complaint unless it is filed within
two years from the date on which the cause of
action has arisen.
(2) Notwithstanding anything contained in
sub-section (1), a complaint may be entertained
after the period specified in sub-section(1), if the
complainant satisfied the District Forum, the
State Commission or the National Commission,
as the case may be, that he had sufficient cause
for not filing the complaint within such period:
Provided that no such complaint shall be
entertained unless the National Commission, the
State Commission or the District Forum, as the
case may be records its reasons for condoning
such delay.
14. The State Commission thereby in dismissing the complaint
persuaded by the technical ground of pecuniary jurisdiction did
not take note of the statutory period of limitation as provided
under Section 24A(1) above which has already been elapsed in
the matter of filing any such fresh complaint. Rather the State
Commission put the complainants within the unforeseen hurdles
of sub-Section (2) and its proviso if the complainants would
desire to pursue with their alleged cause of action. This Court
observed that this action of the State Commission has caused
miscarriage of justice, and committed thereby perversity in the
decision making process by denying natural justice after keeping
the complaint case on hold for a period of about 2 years 11
months which was filed by the petitioners well within the
stipulated period of limitation before the State Commission.
15. Though the manner of filing complaint, procedure to admit
the same and finding to be made by the District Forum have been
provided in Sections 12, 13 and 14 of the Act, the Commission
also would maintain the same manner and procedure as has
been indicated under Section 18 of the Act which is set out:-
"Section 18 :- Procedure applicable to State
Commissions.-[The provisions of sections 12,13 and 14
and the rules made thereunder] for the disposal of
complaints by the District Forum shall, with such
modifications as may be necessary, be applicable to the
disposal of disputes by the State Commission."
16. So far as applicability of provisions of the Code of Civil
Procedure in conducting the proceeding of present nature,
discussion is held already. From the relevant portion of the
impugned order it reveals that the State Commission depending
upon the bill amount of Rs.5565/- given by the O.P. and holding
the said amount as the hiring services held "that the amount of
compensation is inflated". On examining the complaint it reveals
that setting out the causes of action, which were the alleged
bundle of facts, and showing break up justifying the alleged
amount of compensation in paragraph nos. 21, 22 and 23, the
same only would be now subject to adjudication. Those three
paragraphs are set out:-
Paragraph 21:- The complainant no.1 claims
compensation for causing mental agony and torture
by such illegal and wrongful acts committed by the
opposite party and also resulting in humiliation,
insult, illegal confinement of the complainant no.1 at
the hotel premises which also amounts to gross
deficiency is service for an amount of Rs. 24 lacs
and also undermining the prestige and dignity of the
complainant no.1 in front of his guests.
Paragraph 22:- The complainant nos. 2 to 6 claim a
compensation of Rs. 5 lacs each for causing mental
agony and torture by such illegal and wrongful acts
committed by the opposite party resulting in
humiliation, insult, illegal confinenment of the
complainant nos. 2 to 6 at the hotel premises till late
night resulting in violation of dignity, safety and the
right to freedom thereby resulting in exploitation and
harassment of the complainants which amounts to
gross deficiency in service.
Paragraph 23:- The claim of the complainants are
set out as follows:-
a) Claim compensation of complainant no. 1....24
lakhs
b) Claim compensation of complainant no.2....5
lakhs
c) Claim compensation of complainant no. 3....5
lakhs
d) Claim compensation of complainant no. 4....5
lakhs
e) Claim compensation of complainant no. 5....5
lakhs
f) Claim compensation of complainant no. 6....5
lakhs
17. The adjudicating authority after adjudication would be at
liberty to allow the claim either in full, or less than it as is
sought for, or, even may dismiss the complaint as a whole on
merit. But ignoring the break up, set out above, the State
Commission committed another wrong in the decision making
process by giving exposure of perversity in dismissing the
complaint allegedly for want of break up, which was not made
dependant only on the amount of the bill but it was moulded with
compensation amount for the alleged causes of action.
18. For the purpose of entertaining a complaint either under
Section 11 or 17, or 21 of the Act it depends on the amount of
claim by the complaint(s) where, of course, all opportunities
would remain open to counter and controvert such claim by the
O.P in the complaint case, subject to adjudication, depending
upon "the value of the goods or (emphasis is supplied to the word
"or") services and (emphasis is supplied to the word "and") the
compensation claimed therein. So the words "and the
compensation" are conjunctive to the word "goods" or "services".
By no stretch of imagination compensation would be determined
"in view of the value of hiring services" as wrongly observed by the
State Commission captioning the claim of amount of
compensation as inflated without adjudication. Therefore,
disjuncting the words "the compensation" from two other
components i.e. either due to deficiency in goods or deficiency in
services as alleged in the complaint and only relying on the
amount of hiring services (i.e. the bill amount of Rs.5565/-) the
State Commission committed another perversity in not taking
note of the claim of compensation, as set out in the complaint
case allegedly on account of causing insult, mental agony and
torture by the alleged wrongful acts, alleged to have been
committed by the O.P. To accept or not, or, to accept as a whole,
or, to accept in part all would be dependant subject to the result
of adjudication. The State Commission wrongly made itself out of
its jurisdiction assuming the favourable result not exceeding the
amount of Rs. 5,565/- only.
19. The impugned application was submitted on some grounds
as set out hereinbefore in paragraph 16 above, on which the
Miscellaneous Application in the complaint case was registered.
20. In the application also delay in its presentation has been
sought to be excused. This Court took note of the fact that the
O.P. sometime after filing written version filed said application
under Section 17 read with Section 26 of the Act at some
belated stage, and not at the first opportunity. So far as
condonation of delay the only Section in the Act is 24A(2) which
may be available to the complainant in the matter of filing
complaint, if it was presented beyond stipulated period after the
cause of action. Such provision is not available to the O.P. The
O.P, had there been any logical cause, ought to file any
miscellaneous application at the first instance of their
appearance in the proceeding. The impugned order or any
other order prior to that does not indicate that upon hearing
both sides either any leave was ever granted by the State
Commission in presenting such a belated miscellaneous
application questioning maintainability of the complaint case
before the State Commission, or, even such delay was ever
excused or condoned by the State Commission. To ignore this
aspect is also one of the other latches committed by the State
Commission in the decision making process.
21. It is redundant to mention that the issue as to whether the
complaint case would suffer from misjoinder of cause of action,
or, whether the claim is vexatious and inflated one can never be
answered without coming to the finality of the proceeding after
adjudication. The Commission dismissed the complaint in
allowing the MA 964 of 2015 only upon hearing, meaning
thereby, the State Commission without adjudication accepted
the text of the application filed by the O.P under Section 17 read
with Section 26 of the Act without opportunity to the
complainant to place evidence whether the claim of compensation
was inflated and exaggerated for the purpose of invoking
jurisdiction. The Commission wrongly observed that the point of
maintainability of the case is a question of law, which in reality is
not in this case. Rather, in view of the text of paragraph nos. 21,
22, 23 and the alleged cause of action as asserted in the
complaint leaves no room but to hold that the point of
maintainability in this case is a mixed question of law and fact,
and the decision would be dependent on the result of
adjudication. Thereby the finding of the State Commission that
the point of maintainability is merely a point of law is held as
perverse, and, thoroughly illegal causing serious miscarriage of
justice again in the decision making process, specially when even
the claim of amount of the complaint no.1 alone, as put in the
complaint attracts jurisdiction of the State Commission, since
the alleged cause of action for claim of compensation of all
others, being an added amount allegedly arose from the same
transaction. Therefore the joint claim cannot be held adverse or
has sufferance from misjoinder of causes of action as urged by
the O.P. in their application. Therefore allowing the application
with its text without adjudication the dismissal of complaint with
liberty to file it before appropriate forum has caused serious
departure in the decision making process.
22. As a matter of principle, this Court is not against contention
of Mr. Roy that when any statutory forum has been created by
law for redressal of grievances any application either Article 226
or 227 of the Constitution of India should not be entertained
ignoring the statutory dispensation. Therefore, adverting to the
rule of self imposed restraint any such application either under
Article 226 or 227 should not be entertained if an efficacious
remedy is available to the applicant to satisfy his grievances.
From the case of Om Prakash Saini Vs. DCM Limited & Ors (supra)
paragraph nos. 13 and 15 are set out:-
Paragraph No. 13:- Admittedly, Respondent 1 had
availed the alternative remedy available to it under Section 21 by filing an appeal against the order of the State Commission. During the pendency of the appeal, Respondent 1 chose to challenge the order of the State Commission by filing a petition under Article 227 of the Constitution, which was entertained by the learned Single Judge on the basis of the assurance given by the learned counsel that the appeal filed before the National Commission will be withdrawn. The order passed by the learned Single Judge on 21.3.2007 or the one by which the petition filed by Respondent 1 was finally disposed of does not contain any indication as to why the learned Single Judge thought it proper to make a departure from the rule that the High Court will not entertain a petition under Article 226 or 227 of the Constitution if an effective alternative remedy is available to the aggrieved person.
Paragraph No. 15:- The dismissal of the application filed by the appellant for recall of order dated 11.07.2007 is clearly vitiated by a patent error of law. In the petition filed by him, the appellant had averred that he could not file reply because of heart ailment and on the date of hearing he could not reach the High Court because of the failure of the public bus transport system. Respondent 1 did not controvert these averments. Notwithstanding this, the leaned Single Judge dismissed the application without even examining sufficiency of the cause shown by the appellant for his non-appearance on the date of hearing.
23. The said decision, on which Mr. Roy relied, is therefore clearly distinguishable, since the petitioners of the case had filed the complaint claiming compensation only before the State Commission without applying here and there, or presenting any other application before any other authority..
24. In the other case of Nivedita Sharma Vs. Cellular Operators Association of India & Ors. the case of Charan Singh (supra, on which Mr. Chatterjee relied) this Court observed that only paragraph nos. 11 and 12 from the case of Charan Singh (supra) have been taken up for the decision in that case by the Division Bench of the Supreme Court. But paragraph nos. 7,8, and 15 of the said case of Charan Singh (supra) decided by the Special Bench consisting of three Judges of the Supreme Court, have not been diluted. Those paragraph nos. 7, 8, and 15 from the case of Charan Singh are set out:-
Paragraph No. 7:- The impugned order of the National Consumer Forum is very brief. While dismissing the complaint and relegating the appellant to approach either the District Forum or the State Commission, the National Consumer Forum inter alia observed:
"... The complainant was drawing a salary of Rs. 3000 plus allowances. This is his allegation which is not admitted by the opposite party. Even if we accept this contention is correct and even if we accept that as a result of wrong treatment given in the Hospital he has suffered is excessive. We are of the view that this exaggerated claim has been made only for the purpose of invoking the jurisdiction of this Commission..."
Paragraph No. 8 :- The National Consumer Forum, in our opinion, was not fair in disposing of the complaint of the appellant by styling his claim as "excessive" or "exaggerated" after six years of the pendency of the complaint, and asking the appellant to move the State Commission or the District Forum by making "a realistic claim". Whether the claim of the appellant was "realistic", "exaggerated" or "excessive", could only have been determined after the appellant had been given an opportunity to prove the case he had set up and established his claim under various heads. It was not fair to call his claim "unrealistic", "exaggerated" or "excessive" without giving the appellant an opportunity to substantiate his case.
Paragraph No. 15:- That apart, in the present case, the complaint petition filed by the appellant for compensation was pending before the National Consumer Forum for six long years. The pleadings had been completed. The National Consumer Forum should have taken the complaint to its logical conclusion by asking the parties to adduce evidence and rendered its findings on merits. A mathematical calculation based only on the amount of salary being drawn by the appellant could not be the sole factor to be taken into consideration to style the claim of the appellant "unrealistic" or "exaggerated" or "excessive". The appellant has virtually been condemned unheard after waiting for six long years. The legislative intent, for enacting the legislation, of a speedy summary trial, to settle the claim of the complainant (consumers) has been respected in its breach. The spirit of the benevolent legislation has been overlooked and its object frustrated by non- suiting the appellant in the manner in which it has been done by the National Consumer Forum. The Consumer Forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest.
25. The sequence of the case on hand is squarely matching with the sequence taken place in the case of Charan Singh (supra) and the Supreme Court has been pleased to disapprove the act and action, even of the National Commission, which instead of logical conclusion declined to entertain the complaint by captioning the same as unrealistic or exaggerated or inflated one without adjudication. Therefore, distinguishing the decisions of the Division Bench of the Supreme Court referred to by Mr. Roy and relying on the decision of the Special Bench of the Supreme Court comprised by three Judges as held in the case of Charan Singh (supra), this Court concludes that the impugned order passed by the State Commission itself is without jurisdiction since it has been passed without adjudication, and, the order dismissing the complaint on a mere unsustainable technical ground thereby is liable to be set aside.
26. However, amongst the points of argument submitted by Mr. Chatterjee, this Court finds no merit on the submission that the Opposite Party would not be entitled to raise question of having lack of pecuniary jurisdiction of the State Commission since all the orders previous to the impugned order passed by the State Commission at all relevant stages had attained finality, and since, no appeal was ever preferred by the Opposite Party against either of those orders. Section 24 of the Act is accordingly set out:-
"Every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final"
27. In Section 24 of the Act, the words "Every order" obviously do not indicate the formal orders passed by either of three Redressal Agencies admitting and registering complaint case or receiving written version, or even the order settling the issues or receiving affidavit statements etc. All those orders were passed in interlocutory stage. "Every order" within the term of Section 24 of the Act, as intended by the legislature, must be meaningful determining at least some controversy in favour of either side, even as an interim measure in exercise of the power vested by the provisions of the Act till before passing final order. Obviously the term 'final order' means by which the proceeding, as is continuing between the parties, is terminated leaving no other issue pending before the concerned Redressal Agency. Therefore the status of a "Final" Order passed by either of those three agencies cannot be misread to mean and to equate with every order, which or either of the same determines nothing, and those may be captioned as formal orders and not "Final" order within the meaning of Section 24 of the Act.
28.Thus examining all the materials on record in the perspective of provisions of the Act and judicial pronouncements referred to before this Court, Order no. 13 dated 20th May, 2016 passed by the State Consumer Disputes Redressal Commission, West Bengal in complaint case no. CC/112/2013 in allowing the MA 964 of 2015 is set aside and allowing the C.O. under Article 227 of the Constitution of India, the State Commission is directed to adjudicate the issues involved in the complaint case including on the point of maintainability on merit in accordance with law after complete adjudication without allowing the mainstream of the case to be diverted to any other angle in the name of traversing pecuniary jurisdiction of the Commission after keeping the complaint case on hold for more than two years eleven months, when the provisions of the Act itself demand speedy disposal, and, thereby only after adjudication the State Commission would be at liberty to declare the final order either allowing the complaint case in full, or in part or even dismissing the same on merit. It is needless to mention that after adjudication and in the event of only success in the case if the State Commission does fix any amount of compensation, after adjudication, and, if said amount even comes to below 20 lakhs, passing of said order in allowing the complaint case in part shall not be any embargo on the way of dispensation of natural justice. Because the pecuniary jurisdiction depends on the value of claim asserted in the complaint, which requires adjudication.
29. No order as to costs.
30. Urgent certified photostat copy be supplied on receipt of appropriate application with requisite fees.
(MIR DARA SHEKO, J.)