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Tribunals and Commissions(2001) 02 NCDRC CK 0066

ADHIKSHAN ABHIYANTA SINCHAI KARYA MANDAL ZILA MIRZAPUR vs NATIONAL DRIVING COMPANY

National Consumer Disputes Redressal Commission · Decided on 15 February 2001 · Citation: 2002 1 CPJ 394

HON’BLE JUDGES
K.C.Bhargava , D.D.Bahuguna J.
RESULT
Appeal allowed
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Judgment

4 paragraphs · 376 words
1.

THIS is an appeal against the judgment and order dated 11.8.1998 passed by District Consumer Forum, Sonebhadra in Complaint Case No. 355/1998. The facts of the case stated in brief are that the complainant entered into an agreement with the opposite party No. 3 for repair of a Dam in which a sum of Rs. 3,46,700/- has been spent by the complainant. No payment has been made to the complainant by the opposite party No. 3.

2.

THE opposite party filed written version alleging therein that the complainant has not done the repair work satisfactorily and the seepage of water is still there. THE complainant was asked to stop this seepage. The parties led evidence before the District Forum in support of their respective contentions. The learned District Forum after considering the case of the parties, came to the conclusion that the complainant is entitled to the amount claimed for.

Aggrieved against this order, the appellant has come in appeal and has challenged the correctness of the order passed by learned District Consumer Forum.

3.

WE have heard the learned Counsels for the parties. Learned Counsel for the appellant has argued that it is not a consumer dispute and the District Forum has no jurisdiction to try this case. WE are in agreement with the learned Counsel for the appellant that the District Forum has no jurisdiction to decide this case even after according to the allegation of the complainant. The complainant did not hire the services of the opposite party but as a matter of fact the opposite party has hired the services of the complainant, therefore, the complainant will not be a consumer in the present case and he has no right to file this complaint before the District Consumer Forum. He could have filed his claim before the Appropriate Authority. The appeal is, therefore, liable to be allowed and the judgment and order of the learned District Forum are set aside and the complaint is dismised. ORDER The appeal is allowed. The judgment and order of the learned District Forum are set aside and the complaint is dismissed. There will be no order as to cost. Let copy of this order be made available to the parties as per rules. Appeal allowed.