Tribunals and Commissions(2008) 02 NCDRC CK 0031

AMRJEET SINGH PARIHAR vs SITARAM JANGID

National Consumer Disputes Redressal Commission · Decided on 20 February 2008 · Citation: 2008 2 CPJ 7

HON’BLE JUDGES
N.K.Jain , Pramila S.Kumar J.
RESULT
Appeal dismissed

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Judgment

2 paragraphs · 205 words
1.

-HEARD. BY the order impugned the Forum below has dismissed complaint of appellant, as not maintainable, as also for want of jurisdiction. The dispute pertained to a body of a passenger bus which the respondent had undertaken to build for the appellant/complainant. However, the respondent carries on his business of body building at Jaipur (Rajasthan) and no branch office of respondent is situated at Satna (M. P.), where the complaint was filed. Under the circumstance, the Forum below was right in holding that the Satna Forum has no jurisdiction to entertain the complaint. Even otherwise, the service in question was hired for commercial purpose and since not only the agreement for service was entered into, the complaint was also filed after coming into force the Consumer Protection (Amendment) Act, 2002, the same was not maintainable. The remedy of the appellant lies elsewhere not under the provisions of the Consumer Protection Act. He is still free to take recourse to such other remedy as may be available to him in law and while doing so, he may seek exclusion of time spent by him in prosecuting these proceedings.

2.

WE thus, decline admission and dismiss the appeal summarily but with liberty as aforesaid. Appeal dismissed.