PETITIONER:
THE STATE OF GUJARAT
Vs.
RESPONDENT:
RAJESH KUMAR CHIMANLAL BAROT & ORS.
DATE OF JUDGMENT: 05/08/1996
BENCH:
BHARUCHA S.P. (J)
SEN, S.C. (J)
CITATION:
1996 SCALE (6)12
ACT
HEADNOTE
JUDGMENT
ORDER
Delay condoned.
Leave granted.
The order under appeal is passed by the National Consumer Disputes Redressal Commission in first appeal against an order of the State Commission.
The order under appeal opens with these words:
"Although there is substantial
force in the contention advanced by
the learned Advocate General, Mr.
Thakore, appearing on behalf of the
appellant, that the question of
pricing does not legitimately fall
within the purview of adjudication
by the Consumer Disputes Redressal
Forums, regard being had to the
peculiar facts and circumstances of
the case where only a very small
period of about 10 months is
involved and the party concerned is
a Gram Panchayat, which is claiming
benefit of subsidised rate of 25
paise per unit in respect of
electricity consumed by it for the
supply of drinking water to its
residents from a bore-well, we are
not inclined to interfere with the
order passed by the State
Commission upholding the right of
the panchayat to the benefit of the
said subsidy."
We find this very difficult to appreciate. If a court does not have jurisdiction, it does not have jurisdiction, regardless of the fact that one of the parties involved is a Gram Panchayat or the period involved is very short or the amount involved is very small. If a court does not have jurisdiction, it is the obligation of the appellate court so to hold and to set aside the order under appeal.
Having regard to the fact that the dispute did not "legitimately fall within the purview of adjudication by the Consumer Disputes Redressal Forums", the appeal is allowed, the order under appeal is set aside and the claim made by the respondents before the State Commission is dismissed.
There shall be no order as to costs.