SUBODH KUMAR BOSE Vs. SK AHEMED HUSSAIN

JUDGEMENT

(1.) Heard Mr. Das the learned Counsel for the appellant. None appears for the respondent. The complainant-respondent approached the District Forum, Baripada alleging that the Trustee of Sri Daniel Hamilton Trust Estate a charitable institution received Rs.16,000/- from him as consideration money for collecting various fruits including mangoes from the orchard of the Trust. This was for the years 1991-92, 1992-93. The complainant alleged that even though he paid the amount in full, he was not allowed to collect the fruits nor the Trust refunded the amount. The present appellant filed a version denying the receipt of the consideration money and further claimed that the receipt if any granted was a forged and fabricated one only to suit the purpose of the case.

(2.) The District Forum on considering the case of the respective parties held that the receipt showing payment of Rs.16,000/- to the present appellant was a genuine one. It further held that since the complainant was not allowed to collect the fruits during the period of contract, there was deficiency in service and the appellant was to return the amount.

(3.) Mr. Das strenuously urged regarding the maintainability of such a case before the Consumer Forum, arguing that the case is out and out a case between the lessor and lessee and the very dispute being civil in nature the Forum has no jurisdiction to entertain this.