Transfer
applications dismissed by Karnataka State Consumer Dispute
Redressal
Commission –Law & Discretion
Karnataka State
Consumer Dispute Redressal Commission has dismissed three applications filed by
the complainants for transferring 139 cases to one forum for adjudication. The facts in brief are that 139 flat holders
filed their consumer complaints against one builder named as Sovereign
Developers And Infrastructure Pvt. Ltd. As per rules framed under CP Act in Bangalore State , complaint
for below 20 laces are to be filed before the Urban District Consumer Dispute
Redressal forum Bangalore and they were allotted to four district forums in
Banglore.All the flat owners /Complainants filed three applications for
transferring all 139 case to Additional forum No-1giving following reasons-
a) Post of President
and Member in Additional D. F.-2 are vacant
b) President in
Additional D. F.-3 is retiring.
c) Four forums if
deliver different /conflicting orders in the similar matters in their own way
may cause prejudice to the litigants.
After considering all
the facts and circumstances of the case, State commision observed that all the
cases pending before the various forums were not of similar nature, hence
dismissed the complaints on 29.04.2014 with the following observations -
1) All the complaints
were not of similar nature and each case was to be considered on its own merits
though opposite party was the same.
2.) Transfer of cases from one forum to
another will indirectly create doubt of integrity and competence of the
Presiding officer/judicial officers.
3) Vacancy of post is an administrative function
of the state commission who is due course already filled the vacancies and
notification from the Govt. is awaited. More so, this cannot be the ground for
transfer of cases.
4) In case all the cases 139 in number are
clubbed together in one forum, there is likelihood of delay in disposal of all
the complaints.
It is pertinent to note that power to transfer the case from one forum to
another vests with the State commission only as per section 17 of the act and State commission has the discretion to do
so or reject depending upon the facts and circumstances.
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