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Judgment
K.D.Shahi, Chairman
THIS is an appeal against the order dated 19.9.2002 passed by District Forum, Dehradun, whereby the claim petition of the claimant was dismissed on the ground that it is not maintainable before the District Forum. It ought to have been filed before the Civil Court. We have heard the learned Counsel for the parties and gone through the records. The brief facts of the case are that the complainant purchased marbles. It were sub-standard. It was returned to the shop-keeper. He did not return the price. Hence the petition.
The learned Forum held that there is no question of petition before the Forum. It would have been entertainable before the Forum had the marbles been used. The question is not of user. The question is of purchase. The complainant has purchased the marbles. He immediately becomes consumer. He has returned the defective articles, he ought to have been returned the said price. Under Section 14(1)(c) there is a specific provision that the District Forum may direct the opposite party to return to the complainant, the price or as the case may be, the charges paid by the complainant. The defect is alleged to be there. The price is alleged to have been paid. The defective marble is alleged to have been received by the seller. Then, he was bound to return the price. The case is fully covered under Section 14(1)(c) of the Consumer Protection Act. The order passed by the learned Forum is not correct and is to be set aside. ORDER The appeal is allowed. The order dated 19.9.2002 is hereby set aside. The case is remanded to the learned Forum to decide afresh after taking the evidence of the parties. Cost of this appeal shall be easy. Appeal allowed.