High CourtsSingle Bench(2001) 03 MAD CK 0012

P. Thumbatchi vs The Presiding Officer, District Consumer Disputes Redressal Forum, Srivillipullur, Kamarajar District and K.K.R. Rathinam

Madras High Court · Decided on 29 March 2001

HON’BLE JUDGES
K. Narayana Kurup, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 7275 of 1994

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Judgment

11 paragraphs · 250 words

K. Narayana Kurup, J.—For recovery of money said to be due under a commercial transaction, one cannot justifiably invoke the

jurisdiction of the Consumer Disputes Redressal Forum, established under the Consumer Protection Act. Consumer Disputes Redressal Forums

are established to redress the woes of an aggrieved consumer, where there is ""deficiency in service"", or, where the consumer has suffered ""unfair

trade practice"" at the hands of a trader In the instant case, admittedly, the petitioner placed orders with the 2nd respondent for printing hand bills in

connection with the Chief Minister''s Health Camp and Eye Camp and pursuant to the said order, the 2nd Respondent has received a sum of Rs.

1,000/- as part payment. The balance of Rs. 12,620.50 was not paid by the petitioner. It is for recovery of the above said balance amount

outstanding that the 2nd respondent moved the Consumer Forum and the Consumer Forum, by order dated 6.10.1993, granted a decree in favour

of the 2nd respondent for a sum of Rs. 3,321/- with interest thereon at 12% per annum from the date of petition till the date of realization. For the

reasons already mentioned at the beginning of this order, the order of the Consumer Forum cannot be sustained even for a moment. Accordingly,

the aforesaid order of the Consumer Forum, which is impugned in this writ petition, is hereby quashed as one without jurisdiction and, as a sequel,

this writ petition will stand allowed. No Costs. Interim order vacated. W.M.P. 11193/99 is dismissed.