IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7367 OF 2008 (Arising out of S.L.P. (C) No.6882 of 2007)

T. Sudheer        ...Appellant(s)

Versus

M. Prasad Reddy and Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The  appellant  filed  a  complaint  before  the  Andhra  Pradesh  State

Consumer  Redressal  Commission  [for  short,  `the  State  Commission']  claiming

compensation to the tune of Rupees forty lakhs by alleging that his wife died due to

negligence  of  the  respondents.   By  an  order  dated  20th August,  2006,  the  State

Commission without even adverting to the averments contained in the complaint and

the prayer made therein, directed the complainant to present the complaint before an

appropriate District Forum.  The order of the State Commission has been confirmed

by the National Consumer Disputes Redressal Commission [for short, `the National

Commission'] by the impugned order.  Hence, this appeal by special leave.

In our view, the District Forum cannot adjudicate the complaint made by

the appellants because its jurisdiction is upto Rupees  twenty lakhs  only.  This being

the position, it

....2/-

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must be held that the State Commission was not justified in directing the complainant

to file complaint before the District Forum and the National Commission committed

serious error by confirming the order of the State Commission.

Accordingly,  the  appeal  is  allowed,  the  orders  passed  by  the  State

Commission and confirmed by the National Commission are set aside and the matter

is remitted to the State Commission to dispose of the complaint in accordance with

law, after giving opportunity to the parties to adduce evidence.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

......................J.       [RAJENDRA MAL LODHA]

New Delhi, December 17, 2008.