Ram Lal Sharma Vs. Central Staff Ministry for Communications - Court Judgment

SooperKanoon Citationsooperkanoon.com/1113666
CourtDelhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided OnSep-21-1998
Case NumberCase No. A-859 of 1998
JudgeA.P. CHOWDHRI, PRESIDENT & DESH BANDHU, MEMBER
AppellantRam Lal Sharma
RespondentCentral Staff Ministry for Communications
Excerpt:
consumer protection act, 1986 - section 15 - comparative citation: 1999 (!) cpj 234a.p. chowdhri, president: 1. ram lal sharma, complainant for short, instituted complaint registered as c-34/94 against the opposite parties claiming rs. 9 lacs and odd as compensation against the postal authorities arraigned as opposite parties. by order dated 7.3.1994 this commission observed that the amount of claim was highly inflated and, accordingly the complainant was directed to file the complaint before the district forum after putting proper valuation on the amount of compensation claimed. the complainant, accordingly, re-filed the complaint before district forum-ii and the same was registered as case no. 797/94. the grievance is that inspite of numerous adjournments the district forum had not proceeded further with the complaint. it has been prayed that the complaint be transferred to this commission and disposed of according to law. it appears that the whole confusion has arisen as the complainant appears to have filed the complaint without making any change in the amount of compensation claimed as desired by this commission. the district forum has also read the prayer clause in the complaint to the exclusion of the order passed by this commission with regard to suitable revision in the amount of compensation claimed. the matter could be set at rest by recording statement of the complainant that he claimed an amount not exceeding rs. 5 lacs. the district forum-ii is directed to entertain the complaint, record the statement of the complainant as suggested above and proceed further and dispose of the complaint according to law. as the matter has become very old, the case shall be disposed of on priority. a copy of the order be sent to district forum-il as well as given to the complainant by hand today. directions passed.
Judgment:

A.P. Chowdhri, President:

1. Ram Lal Sharma, complainant for short, instituted complaint registered as C-34/94 against the opposite parties claiming Rs. 9 lacs and odd as compensation against the Postal Authorities arraigned as opposite parties. By order dated 7.3.1994 this Commission observed that the amount of claim was highly inflated and, accordingly the complainant was directed to file the complaint before the District Forum after putting proper valuation on the amount of compensation claimed. The complainant, accordingly, re-filed the complaint before District Forum-II and the same was registered as Case No. 797/94. The grievance is that inspite of numerous adjournments the District Forum had not proceeded further with the complaint. It has been prayed that the complaint be transferred to this Commission and disposed of according to law. It appears that the whole confusion has arisen as the complainant appears to have filed the complaint without making any change in the amount of compensation claimed as desired by this Commission. The District Forum has also read the prayer clause in the complaint to the exclusion of the order passed by this Commission with regard to suitable revision in the amount of compensation claimed. The matter could be set at rest by recording statement of the complainant that he claimed an amount not exceeding Rs. 5 lacs. The District Forum-II is directed to entertain the complaint, record the statement of the complainant as suggested above and proceed further and dispose of the complaint according to law. As the matter has become very old, the case shall be disposed of on priority. A copy of the order be sent to District Forum-Il as well as given to the complainant by hand today.

Directions passed.