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Judgment
THIS revision application is directed against order dated 10.7.92 passed by District Forum, Bilaspur, entertaining the complaint rejecting the objection of the applicants herein in respect of the claim being of the valuation of over Rs. 1 lac and therefore, beyond the pecuniary jurisdiction of the Forum.
HAVING heard the Learned Counsel and having perused the record, we are of the opinion that this revision application deserves to be allowed. First of all the non-applicants against whom the complaint had been registered is Smt. Kantasinha said to be Secretary, Arya Acharya Grah Nirman Yojana. While giving her address, she has been described as the President of Arya Acharya Grah Nirman Sahakari Samiti (hereinafter referred to as ''Samiti''). The cause of action is said to be non- allotment of house by the Samiti and dissolution of the Samiti by the non-applicant Smt. Kantasinha constituting a new Samiti by fraud. The relief claimed are allotment of house to the complainant, delivery of possession to her, punishment to the non-applicant for having fraudulently registered a new Society in place of earlier one. The complaint is too vague and general. It does not bring out in specific terms what is the complaint and against whom. It also does not disclose on what basis the complaint is valued at Rs. 51,400/-. The applicants herein contended before the Forum that the house allotment of which is being asked for is valued at Rs. 1,28,000/- and, therefore, the Forum has no jurisdiction.
A perusal of the complaint and the manner in which the parties have been impleaded makes it a frivolous complaint which could be dismissed under Section 26 of the Consumer Protection Act, 1986. However, the Forum has not adopted the course but entertained the complaint holding it to be valued at Rs. 51,000/- only. The reasoning given by the Forum is also strange. It has distinguished between the Arya Acharya Yojana and Arya Sahakari Samiti. There is nothing on record to show that this Yojana is a legal person or body. In any case, no basis has been shown for valuation of Rs. 51,400/- put on the complaint.
THE Forum in our opinion is acted with material irregularity in deciding the jurisdictional question as to valuation of the complaint. We would therefore, set-aside the order of the Forum and direct the complaint to be returned for presentation to proper Forum. THE application is therefore, allowed, there shall however be no order as to costs. Application allowed.