Objection regarding the pecuniary jurisdiction of the Consumer Fora should be raised at the earliest possible opportunity.

The Hon’ble Supreme Court in M/s Treaty Construction vs. M/s Ruby Tower Co-op. Hsg. Society Ltd. bearing Civil Appeal No. 5699 of 2019 decided on 19.07.2019 has reiterated that the technical objection with respect to the pecuniary jurisdiction should be raised at the earliest possible opportunity.

Challenge

The factual matrix of this case is that the appellants had evolved the scheme of construction of a building consisting of 64 flats and 13 shops in Mumbai. The buyers formed a co-operative society which is the Respondent herein. Due to certain disputes between the parties, a consumer complaint was filed by the Respondent before the State Commission. The Appellant herein, did not raise any objection about the pecuniary jurisdiction of the State Commission before the State Commission and the State Commission, after considering the contentions and averments of the parties and going into the merits of the complaint, partly allowed the complaint.

The Appellant approached the National Commission challenging the order of the State Commission and, inter alia, raised the issue of pecuniary jurisdiction of the State Commission. The National Commission rejected the appeal of the Appellant herein, inter alia, on the ground that objection of the Appellant with respect to the pecuniary jurisdiction could not be entertained at this stage for the reasons that the same ought to have been raised before the State Commission and now, it could not be considered as the State Commission has decided the matter on merits. The Appellant, being aggrieved by the order of the National Commission filed an appeal to the Hon’ble Supreme Court.

Held

The Hon’ble Supreme Court reiterated that the technical objection with respect to the pecuniary jurisdiction should be raised at the earliest possible opportunity and in any case at or before the settlement of issues. The Court further held that as the objection with respect to the pecuniary jurisdiction was not raised before the State Commission and the State Commission decided the matter in merits, the same cannot be raised at the stage of appeal.