NIZAMUDDIN Vs. ALIMULLAH AND OTHERS

JUDGEMENT

(1.) THE instant appeal has been preferred by Sri Nizamuddin who is the real nephew of the respondent Sri Alimullah Warsi and cousin of Sri Alimullah's son Sri Mainuddin Warsi, the respondent no.2, against the impugned judgment of September 17, 2008 of the District Consumer Forum, Kushi Nagar and order dated 12 -01 -2010 passed by the same Forum. The third respondent Sri Anwar Ahmad being Son -in -Law of Sri Alimullah Warsi is the brother in law of Sri Mainuddin Warsi.

(2.) WHEREAS by the original judgment of September 17, 2008, the Consumer Forum below had allowed the complaint of the three respondents with a direction to the appellant to repay their outstanding sum of Rs. 1,44,000/ - besides Rs. 5,000/ - as compensation, the other order relates to the restoration/recall application of the appellant which was dismissed as not maintainable.

(3.) THE appellant being aggrieved oi" the judgment and orders referred to above filed this appeal with the averments that the dispute raised by the three complainants was not a consumer dispute and their complaint was barred by limitation under Section -24A of the Consumer Protection Act. Also it has been alleged that the complainants could not establish by means of convincing evidence their case of the appellant having promised to render a service nor they could bring on record any receipt of Rs.1,44,000/ -paid to him by Sri Mainuddin Warsi and Sri Anwar Ahmad.