SECRETARY THE CHEVAYOOR HOUSING COLONY ALLOTTEES ASSOCIATION Vs. SECRETARY KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) The complainant in O. P. No.273/98 on the file of the Consumer Disputes Redressal Forum, Kozhikode is the appellant.

(2.) The complainant brought the complaint before the District Forum alleging that it wanted redressal against the claim made by the opposite party for 'retrospective interest' on the amount taken by the complainant, the interest so demanded was stated to be Rs.44,00,000/-. The opposite party entered appearance and wanted the maintainability of the complaint to be heard. The District Forum heard on the question of maintainability. One of the points raised before the District Forum was, that the complaint since in content and purpose is one for a declaration and Sec.14 (1) of the Consumer Protection Act, 1986 does not confer jurisdiction to give a relief as the one prayed for, the complaint is not maintainable. It was also contended that on behalf of the opposite parties that the District Forum has no pecuniary jurisdiction as per Sec.11 of the Consumer Protection Act, 1986 to entertain the complaint.

(3.) The District Forum held in favour of the opposite parties on both the points and dismissed the complaint. It is the said dismissal that is challenged by the complainant in this appeal.