state consumer forum's powers to revise district forum order

yeteendra naidu (Querist) 09 October 2009 This query is : Resolved
my sister registered a complaint with the consumer forum for deficiency of service on
a co-operative society for deliberately delaying transfer of shares and plot to the nominees of the deceased society member, despite repeated requests from the past several years.the dist forum asked the society to register the plot in the names of the nominees within a stipulated time. in the meanwhile, the persons who have been disinherited by the deceased member- filed an appeal to stayed the registration, as "other legal heirs"claiming an equal share in the property.
is the state forum having powers to interfere and change the district forum order and/or refer the case to a civil court for further proceedings, or what is the state forum expected to do likely under the law.

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adv. rajeev ( rajoo ) (Expert) 09 October 2009
Yeteendra,
It is absolutely wrong order by the state fourm.
First of all there was no order of the dist., fourm against the disinherited members. Appeal it self is not maintainable and it is not the proper jurisdiction.
In case of any dispute regarding inheritence civil court is only the jurisdiction.
I think there is something "?" so state forum is ordered.
State forum could have dismissed the appeal instead of ordering such an illegal order.

Raj Kumar Makkad (Expert) 09 October 2009
Disinherited person/persons have no cause of action to approach directly State Commission when they are not even the parties to the complaint. Civil rights of property can be decided only by civil courts. So far as revisional power of State commission is concerned, it exists therein and order passed by DCDRF can be revised.

Sachin Bhatia (Expert) 09 October 2009
I think there is no order of DCDRF against the disinherited members. Claiming an equal share is not the matter for the State commission. It should be decided by the Civil Court.