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Judgment
COUNSEL for the appellant and COUNSEL for respondent ready. Man appeal itself is taken up for hearing. Both parties were heard.
FROM a reading of the order of the lower Forum and on perusal of the records, it is seen that the complaint has been filed in respect of honorarium due to the complainant from the opposite party. Therefore, it is not a dispute that would fall within the ambit of the Consumer Protection Act nor can it be held as deficiency in service. Therefore, in this view of the matter, we are of the opinion that the order passed by the lower Forum deserves to be overruled. Consequently the appeal is allowed. The order passed by the lower Forum is hereby set aside. The complaint is dismissed. It is made clear that the complainant, if so advised, is at liberty to pursue his remedies before the appropriate Forum. The mandatory deposit if any made by the appellant and the deposit made in the CMP 6/2004 pursuant to the order of this Commission dated 7.1.2004 is ordered to be returned to them. No costs. Appeal allowed.
