DEALWELL ENGINEERING WORKS Vs. V V CHOUDARY

JUDGEMENT

(1.) This revision petition is filed under article 227 of the Constitution against the order passed by the District Forum under the Consumer Protection Act at Anantapur in C.D. No. 47 of 1991.

(2.) The first respondent filed a complaint before the District Consumer Forum, Anantapur, under the Consumer Protection Act, alleging that he had placed an order with the petitioner for supply of some packaging machinery and paid an amount of Rs. 29,000 by way of two demand drafts, but the petitioner did not supply the machinery and requested the District Forum to direct the petitioner either to supply the machinery or refund the advance paid by him together with compensation. The petitioner did not appear before the District Forum in spite of notice being given to it and, therefore, the consumer forum ordered the petitioner to refund the advance amount paid by the first respondent with interest, with an option to the petitioner to deliver the machinery at the old rate after collecting the price by deducting the advance paid by the first respondent and also ordered payment of Rs. 10,000 by way of compensation.

(3.) Learned counsel for the petitioner contended that the dispute between the parties is purely regarding breach of contract which has to be adjudicated by a competent civil court and the Consumer Protection Act does not apply to the case and hence the District Forum ought not to have entertained the complaint since it has no jurisdiction to adjudicate the dispute and, therefore, the order is liable to be set aside.