D.KUMARASAMY GURUKAL vs SENIOR POST MASTER, VELLORE

THIS appeal is by the complainant who has suffered defeat, in the District Forum. The case of the complainant is that he had paid a cheque for Rs. 1,60,000/- to the 2nd opposite party who is an agent of the 1st opposite party-Senior Post Master, Vellore for purchase of a Kisan Vikas Patras on 15.5.1993. But the Patras were issued to him only on 25.6.1993 i.e., after a period of one month and 10 days. THIS is deficiency in service on the part of the opposite parties. Alleging thus the complaint was filed. Both the opposite parties filed separate written versions.

THE 1st opposite party in his written version contended that the cheque issued by the complainant was an outstation cheque and it was sent for realisation and it was realised on 18.6.1993 and the Patras issued immediately thereafter and therefore there was no deficiency in service on his part. The 2nd opposite party in his written version contended that immediately after receipt of the cheque from the complainant he handed it over to the 1st opposite party and therefore there was no deficiency in service on his part.

The District Forum, on consideration of the evidence, came to the conclusion that there was no deficiency in service on the part of either of the opposite parties. Hence it dismissed the complaint.

NOW in the appeal, we find that apart from the facts in the case, in law the complaint cannot be entertained by the Consumer Forum. It is a mere case of purchase of Kisan Vikas Patras on payment. The payment was made by cheque. There is no service availed of by having paid any consideration therefor and no question of any defect in goods arises. This being the case, there is no consumer grievance as contemplated under the Consumer Protection Act. In this view of the matter, we hold that the order of the District Forum dismissing the complaint is quite correct. Accordingly the appeal is dismissed. However there will be no order as to costs. Appeal dismissed.