SHYAM SUPREME TYPE INSTITUTE RAJAHMUNDRY Vs. STATE BANK OF INDIA
LAWS(APH)-1992-9-46
HIGH COURT OF ANDHRA PRADESH
Decided on September 21,1992

SHYAM SUPREME TYPE INSTITUTE RAJAHMUNDRY Appellant
VERSUS
STATE BANK OF INDIA REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, BOMBAY Respondents

JUDGEMENT

- (1.)The relief sought for in this writ petition cannot be granted for the reason that the consumer forum which is constituted under Consumer Protection Act, 1986 is not invested with powers of adjudicating a civil suit. In the instant case the petitioner is a loanee of the Respondent-Bank and for realisation of loan amount the respondents had initiated a suit in O.S.No.63/92 on the file of the Court of Subordinate Judge, Rajahmundry and the same is pending. Even before that, the petitioner had invoked the jurisdiction of State Consumer Forum constituted under Consumer Protection Act, 1986, the central enactment, claiming damages on the ground that they were not diligent and they did not take steps to insure the machinery against the burglary with the insurance company eventhough they have taken insurance policy. When the petitioner approached the insurance company, it stated that the kind of burglary which had happened in the instant case was not covered by the insurance policy. The said consumer dispute is pending adjudication before the State Consumer Forum.
(2.)The learned counsel for the petitioner has strenuously contended that inasmuch as the cause of action is same for the case pending in State Consumer Forum as also the Civil Court referred to above, the civil suit mentioned above has to be withdrawn from the Sub-Court and should be transferred to the State Consumer Protection Forum to be tried along with C.D.No.18/92. I am afraid, I cannot accede to this contention for the simple reason that firstly this court will not entertain any such plea in exercise of extraordinary jurisdiction under Article 226 of the Constitution as there is a specific provision contained under Section 24 of C.P.C which deals with the withdrawal of suits and transfer of the same etc. If that is the only objection, I could have dismissed this petition to file such an application. But, inasmuch as the State Consumer Forum which is constituted under Consumer Protection Act 1986 is only vested with the powers of adjudicating consumer grievances touching upon the aspect of the quality of either the product supplied or the service rendered by no stretch of imagination the consumer forum can conduct a trial and adjudicate the same which is the function of only a civil court under the provisions of Code of Civil Procedure. The counsel for the petitioner then contends that there may be conflict of decisions. But the situation is not without remedy. The petitioner is at liberty to invoke sub-rule 6(a) of Order 8 of C.P.C. to made a counter-claim, if he so feels that he is entitled for any damages on the same cause of action.
(3.)In the circumstances, the writ petition is dismissed with the above observation at the stage of admission. No costs.
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