S.A.PURANI vs EXECUTIVE ENGINEER, GUJARAT ELECTRICITY BOARD

IT appears that the learned President of the District Forum, Bharuch, has passed an order on September 19, 1991, below Ex. 1 in the original-complaint filed before it, directing the office to transmit this complaint for disposal to the State Commission, on the ground that the question involved therein will affect a big number of electricity consumer. The District Forum has also held that if the order is passed in favour of the complainant consumer, before the District Forum, the amount of refund might increase to a big extent and that in that case, the question of pecuniary jurisdiction of the District Forum might also arise, creating legal complications.

WE have gone through the complaint as also the documents produced by the complainant. WE feel that the order passed by the District Forum is outside the jurisdiction and not legal or proper, on the following grounds:- (1) There is no provision under which the District Forum can transfer the matter to the State Commission. (2) The pecuniary jurisdiction depends upon the Relief claimed by the complainant, and in this case, the consumer has selected the District Forum. It, therefore, necessarily follows that his claim for refund is less than rupees one lac. (3) The question of pecuniary jurisdiction can be decided only on the claim made by the complainant and will not affect the ultimate relief granted. (4) That any order passed may create legal communication, is not a valid ground or reason for not exercising the jurisdiction. A Judge is supposed to tackle the legal problems in accordance with law. (5) Neither the Court, nor a litigant, can invest jurisdiction either in the co-ordinate Court or in the Higher Court if the same is not provided by the Statute.

In this view of the matter, we are of the opinion that the order passed by the learned President of the District Forum, Bharuch, cannot be passed under the provisions of the Consumer Protection Act, 1986. The Reference sought to be made to the Commission by the District Forum, Bharuch, therefore, fails. The order passed below Ex. 1 in the main complaint is, therefore, quashed and set aside and the District Forum, Bharuch, is directed to proceed further with the matter and decide the complaint in accordance with law. The office is directed to return the Record and Proceedings to the District Forum, Bharuch, along with a copy of this order. The Revision Application shall stand disposed of accordingly. Appeal disposed of.