T. Sudheer Vs. M. Prasad
Reddy & Ors.  INSC 2205 (17 December 2008)
JURISDICTION CIVIL APPEAL NO.7367 OF 2008 (Arising out of S.L.P. (C) No.6882 of
2007) T. Sudheer ...Appellant(s) Versus M. Prasad Reddy and Ors.
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The appellant filed a
complaint before the Andhra Pradesh State Consumer Redressal Commission [for
short, `the State Commission'] claiming compensation to the tune of Rupees
forty lakhs by alleging that his wife died due to negligence of the
respondents. By an order dated 20th August, 2006, the State Commission without
even adverting to the averments contained in the complaint and the prayer made
therein, directed the complainant to present the complaint before an
appropriate District Forum. The order of the State Commission has been
confirmed by the National Consumer Disputes Redressal Commission [for short,
`the National Commission'] by the impugned order. Hence, this appeal by special
In our view, the
District Forum cannot adjudicate the complaint made by the appellants because
its jurisdiction is upto Rupees twenty lakhs only. This being the position, it
....2/- -2- must be held that the State Commission was not justified in
directing the complainant to file complaint before the District Forum and the
National Commission committed serious error by confirming the order of the
appeal is allowed, the orders passed by the State Commission and confirmed by
the National Commission are set aside and the matter is remitted to the State
Commission to dispose of the complaint in accordance with law, after giving
opportunity to the parties to adduce evidence.
[RAJENDRA MAL LODHA]