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Transfer applications dismissed by Karnataka State Consumer Dispute Redressal Commission –Law & Discretion

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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