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Pecuniary Jurisdiction of the State Commission stands enhanced from Rs one Crore to Rs.10 Crores: Karnataka State Consumer Disputes Redressal Commission

A Complaint under Section 35 of the Consumer Protection Act 2019 was filed, demanding the opposition to pay Rs. 16,63,000 along with an interest of 18% p.a from the date of award till realization and costs. The complaint was resolved as per the amended Consumer Protection Act 2019 which revised the Pecuniary Jurisdictions for all the three forums. Hon’ble Justice Huluvadi G Ramesh, along with Mr. K B Sangannanavar and Mrs. Divayshree M presided over the matter of: Syed Muzammil Azam v. Vahan Motors Pvt. Ltd. And Bajaj Alliance General Insurance Co. Ltd., CC No. 75/2021.

The Commission reviewed the Complainant’s case records and determined that it was sufficient to forego the Notice on the opposition in order to prevent delays, taking into account the purpose of the Consumer Protection Act. It was pointed out that as per the 2019 Act, the Pecuniary Jurisdiction of the State Commission has increased to Rs. 10 Crores from Rs. 1 Crore, making it impossible for the complaint to be heard by the State Commission as the amount in question was less than Rs. One Crore. That being said, the Complaint can be heard by the District Commission. The State Commission also noted the error by the District Commission in returning the Complaint on the ground that the claim exceeds Rs. 20 Lakhs (as per 17.06.2016). However, the claim amounted to Rs. 16, 70,000 which was well within the ambit of the District Forum.

In light of the above mentioned, the Commission held the following; “In view of the provision of new CP Act 2019, this Commission has no option, except to return the Complaint to the Complainant to present the same before the District Commission. Accordingly, Complaint is disposed of. Consequently, Impugned Order dated 21.09.2021 passed in CC No.852/2016 is hereby set aside with a direction to the District Commission to decide the matter on merits after hearing both the parties and dispose-of the case within 3 months, from the date of receipt of this Order. Office is directed to return the Complaint along with the documents presented, to the Complainant for presentation before the II Additional District Commission, Bengaluru.”

Click Here to Read the Judgement

Judgement Reviewed by Vagisha Sagar

 

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