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Tribunals and Commissions(1990) 04 NCDRC CK 0007

BIHAR STATE FOOD And CIVIL SUPPLIES CORP. LTD. vs Tata Engineering and Locomotive Co. Ltd

National Consumer Disputes Redressal Commission · Decided on 5 April 1990 · Citation: 1992 1 CPR 148 : 1992 2 CPJ 509 : 1993 1 CLT 365

HON’BLE JUDGES
V.Balakrishna Eradi , A.S.Vijayakar , Y.Krishan , Rais Ahmed J.
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Judgment

2 paragraphs · 183 words
1.

MR. Justice V. Balakrishna Eradi, President - Inasmuch as the seven chassis have already been admittedly delivered to the complainant and the only claim that remains is for recovery of damages which according to the Counsel for the Petitioner will amount to only about Rs. 5 lakhs, the proper Forum to be approached by the Petitioner for relief under the Consumer Protection Act is the State Commission, Bihar.

2.

THE approach made to this Commission by the Petitioner is obviously misconceived since the original jurisdiction of this Commission is only to entertain claims which exceed Rs. 10 lakhs in value. THE Original Petition is accordingly dismissed on this preliminary ground. THE Petitioner is at liberty to file a fresh complaint, if so advised, before the State Commission, Bihar. We make it clear that we are not expressing any opinion whatsoever on the objections raised by the about the maintainability of the claim by the Petitioner under the Consumer Protection Act and the said question is left to be determined by the State Commission as and when it arises before it. Complaint dismissed.