ORDER
D.P. Wadhwa, J. (President)
1. Petitioner-complaint is aggrieved by the order of the State Commission
allowing the appeal of the respondent-opposite party and dismissing the complaint.
2. Complaint of the petitioner was that he had deposited a sum of
Rs. 88,000/- for booking of a plot in Indirapuram Scheme of the respondent cost of
which was Rs. 1,66,000/-. That amount was deposited by him uptill February, 1994.
Afterwards petitioner was told that the could not be allotted plot in Indirapuram Scheme
and that he would be allotted plot in another scheme at a higher price. This was not
agreeable to the petitioner. Money deposited by the petitioner was therefore returned
on 27.9.1996.
3. Complaining deficiency in service for not being paid interest for the money
kept by respondent-opposite party, petitioner filed complaint before the District Forum. It
was allowed. It was directed that interest @ 15% per annum shall be paid to the
petitioner for a period of 1-1/2 years. One month’s time was granted to the respondent
to make the payment. This order of the District Forum, in our view, was fully justified in
the circumstances of the case.
4. However, respondent filed appeal before the State Commission
challenging the this order on the ground of lack of territorial jurisdiction of the District
Forum Plea of the petitioner that appeal was barred by limitation was, however,
negatived. State Commission held that the District Forum at Sonebhadhra has no
territorial jurisdiction, therefore, allowed the appeal and dismissed the complaint.
5. In our view, State Commissioner was not right in allowing the appeal on
the ground of lack of jurisdiction. Order of the District Forum shows that no such plea
was taken before the District Forum. In any case, when the facts are clear and the
amount had been kept by the respondent for 1-1/2 years for no fault of the petitioner,
instead of requiring the respondent-GDA to make the payment as directed the District
Forum, State Commission unnecessarily intervened in the matter which was not reburied.
There was no inherent lack of jurisdiction in the District Forum. In consumer
dispute it is not required to be too technical in the matter. Accordingly this
petition is allowed and the order of the State Commission is set aside and that of District
Forum is restored. Petitioner shall be entitled to cost which we assess at Rs. 1,000/-.