J K MITTAL Vs. KINGFISHER AIRLINES LTD

JUDGEMENT

(1.) LEARNED Senior Counsel Mr. M. N. Krishnamani appearing on behalf of the respondent submits that as this complaint is not maintainable, the interim order which was passed yesterday be modified. He submits that complaint is not maintainable, because, even if the complainant No. 1 might have suffered any loss, for that loss the pecuniary jurisdiction would be with the District Forum and the claim of Rs. 5 crore is totally exaggerated.

(2.) THIS contention would be required to be dealt with at the time of final hearing because in case of unfair trade practice and punitive damages, it cannot be prima facie said that the claim is exaggerated.

(3.) HE further submits that Complaint no. 2 which is an NGO Consumer Voice - ought not to have joined as array of parties at the request of Complainant no. 1 and in case the complaint is not maintainable unless all members of the Complainant no. 2 are affected by such unfair trade practice.