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Judgment
Ram Surat Ram Maurya, Presiding Member
Heard counsel for the appellants.
The above appeal has been filed against the order the State Consumer Disputes Redressal Commission dated 10.01.2022 passed in CC/260/2015 whereby the State Commission found that the value of the goods together with the compensation claimed in the complaint exceeds Rs.1 Crore. Therefore, the State Commission has no jurisdiction but to return the complaint for presentation before the appropriate forum or giving liberty to the petitioner to file a fresh complaint before the appropriate forum, but the complaint has been dismissed.
I have considered the arguments of the counsel for the petitioner. So far as the finding that value of goods and compensation claimed in the complaint exceeds Rs.1 Crore is concerned, this part of the order does not suffer from any illegality. However, the complainant was neither given any liberty to file a fresh complaint nor the complaint itself was returned for presentation before the appropriate forum. That portion of the order dismissing the complaint on merit is illegal and is set aside.
ORDER
In the result, the appeal is partly allowed and order dated 10.01.2022 dismissing the complaint is set aside. The complainant is permitted to file a fresh complaint on same cause of action before the appropriate forum within six weeks from today.