MOHAN GIRI Vs. ANNAPOORNA KRISHI SEVA KENDRA

JUDGEMENT

(1.) The complainant aggrieved of the order dated 16.7.1998 passed in Case No.46/95 by the District Consumer Disputes Redressal Forum, Dhar (for short the 'district Forum' ).

(2.) The complainant filed a complaint to claim compensation for deficiency in service in supply of sub-standard quality of pesticides (Weedicide) manufactured by respondent-Hindustan Ciba-Geigy Limited. The complaint was resisted by the respondents. The District Forum dismissed the complaint holding that in summary jurisdiction the complicated issues requiring expert evidence and elaborate scrutiny cannot be adjudicated, therefore, the complainant, if so advised, may institute a civil suit in the Court of competent jurisdiction to claim the loss suffered by them for supply of sub-standard quality of pesticides (Weedicide ).

(3.) Mr. Mohan Chouksey, learned Counsel for the appellant submitted that even if the expert evidence is required to be recorded that will not make the complaint involving complicated and complex issues for adjudication. Reliance was placed on a decision of the National Commission in A. Perumal and Ors. V/s. Velwyn Television Ltd. and Anr., 1996 1 CPJ 164. Counsel also submits that if the complainants are relegated to the Civil Court, their suit now would be barred by time.