-- K. SAGAR, M.D., KIRAN CHIT FUND MUSHEERABAD v. A. BAL REDDY & ANR.

The Judgment of the Court was delivered by F Dr. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal .. Commission, New Delhi (in short the 'National Commission'). Before National Commission challenge was to the order passed G by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hydrabad (in short the 'State Commission'). By ·its order dated 19.6.2001 the State Commission allowed the appeal filed by the respondent No.1 (hereinafter referred to as the 'Complainant'). The District Forum II Hyderabad had dis- H missed the complaint filed by the complainant.

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K. SAGAR, M.D., KIRAN CHIT FUND MUSHEERABAD 1131 v. A. BAL REDDY [Dr. ARIJIT PASAYAT, J.]

2Copy pinpoint2. Factual scenario giving rise to the revision before the A National Commission is as follows: The complainant joined as a member in Chit Fund Co. of which opposite party No. 1 is the Managing Director and oppo- site party No. 2 is the manager. The present appellant was run- ning a chit for Rs.1 lakh with monthly p.ayment of Rs.5,000/- for B 20 months in the year 1995. He was a prize bidder subscriber. He was paid Rs.60,000/- by cheque. The complainant defaulted after paying for 11 months from January, 1996. When the present appellant issued a notice to him demanding an amount of Rs.79,300/-, the complainant replied that out of the chit amount c of Rs. 70,000/-, the present appellant paid only Rs.60,000/- and the balance of Rs.10,000/-was payable to him with interest and that since he paid Rs.54,700/- already, he is ready to pay the balance of Rs.45,300/- in instalments. The complainant ap- r preached the District Forum for a direction to the opposite par- D ties to pay Rs.14,000/- to him.

3Copy pinpoint3. Though the appellant i.e. Kiran Chit Fund accepted mem- bership of the complainant to the Chit Fund, it took the stand that the prize amount has been paid to M/s Kiwanis Finance Pvt. Ltd. as per the authorization letter of the complainant an no E due certificate was also given to the complainant. There was exchange of affidavits. The District Commission proceeded on the basis that admittedly the commission was a defaulting prized t " subscriber. It also held that there was no scope of taking any action on the complaint. Accordingly, the complaint was dis- F missed. In appeal, the State Commission took the view that a sum of Rs.45,300/- was to be paid to the complainant. It took the view that whether the chit fund was a consumer cannot be adjudicated in the appeal. Accordingly the appeal filed by the complainant was allowed. The National Commission was of the G view that in the cheque somebody had added some figures but who did the mischief was not known. However since somebody has committed the mischief, the revision petitioner before it cannot be granted any benefit. The revision petition was ac- cordingly dismissed without cost. H

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p. 1132

4Copy pinpoint4. In support of the appeal, learned counsel for the appel- lant submitted that the Consumer Forums have no jurisdiction to entertain the dispute between a chit fund and one of its prized subscribers or between the prized subscribers.

5Copy pinpoint5. Strong reliance was placed on a decision of the Na- B tional Commission in M/s Dwarkadish Chits Pvt. Ltd. and Anr. vs. Sanju Ram Aggarwal in First Appeal No. 590 of 1992 de- cided on 131h January, 1995 reported in (1986-96) National Commission and SC on Consumer Cases 2469(NS).

c 6. Learned counsel for the respondent No. 1 who appeared in person took the stand that this issue was no specifically raised before the forums below and therefore should not be enter- tained.

7Copy pinpoint7. We find that M/s Dwarkadish Chits' case (supra) dealt D with the issue of jurisdiction under the Consumer Protection Act, -f 1986 (in short the 'Act') as to whether the Consumer Forums established under the Act have jurisdiction to entertain dispute between the chit fund and one of its prized subscriber or be- tween the subscribers. It is not correct as contented by the re- E spondent No. 1 that the question of jurisdiction was not raised. In fact the State Commissioner observed that since the respon- dents before it i.e. functionaries of the chit fund were not con- sumers, the issue regarding jurisdiction cannot be adjudicated in the appeal before it. The National Commissioner unfortunately . ,... F does not appear to have referred to its earlier decision while dismissing the revision petition_

8Copy pinpoint8. In the aforesaid background, we are of the view that the issue relating to jurisdiction has to be decided by the forums first. G

9Copy pinpoint9. We therefore, set aside the impugned order of the Na- tional Commission confirming the order passed by the State y Commission, and remit the matter to the State Commission to consider the question of jurisdiction. To avoid unnecessary delay let parties appear before the State Commission without further H

K. SAGAR, M. D., KIRAN CHIT FUND MUSHEERABAD 1133 v. A. BAL REDDY [Dr. ARIJIT PASAYAT, J.]

notice on ? 1h of July, 2008 so that the date of hearing can be A fixed. We make it clear that we have not expressed any opin- ion on the merits of the case. The parties are permitted to pro- duce certified copy of the judgment so that necessary follow up action can be taken.

10Copy pinpoint10. The appeal is allowed to the aforesaid extent with no 8 Y order as to costs.

S.K.S. Appeal partly allowed.