PRIYA TEX Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) Complainants in O. P. No.649/2000 on the file of the Consumer Disputes Redressal Forum, Thrissur are the appellants. The complaint came to be dismissed by the District Forum stating that the dispute is one that could be adjudicated only by Civil Court. The said dismissal by the District Forum is challenged. Learned Counsel for the appellant submitted that the order since does not give acceptable reasons is infirm. He relied on the decision of the Supreme Court in Charan Singh V/s. Healing Touch Hospital, 2000 3 CPJ 1 Short Notes page 16 Case No.19. He also submitted that the dispute is not such that the same could be taken cognizance of only by Civil Court.

(2.) In the statement of facts to the appeal memorandum the circumstance in which the complaint came to be filed is mentioned. The opposite party instituted O. S.1279/99 before the Munsiff's Court, Thrissur and attached the immovable property of the complainant. It is stated therein, there was a compromise between the parties whereby the plaintiffs in the said suit who are the respondents herein agreed that if the complainant pays an amount of Rs.58,293.27 towards the loan amount they would cause the raising of the attachment and they would withdraw the suit, but violating the said understanding and compromise though the said amount was remitted on behalf of the complainant by the Kuri company as the prized amount of the Kuri in which the complainant was a subscriber, the opposite party instead of withdrawing the suit and raising the attachment made a further claim. It prolonged the said litigation, though ultimately the suit came to be dismissed. It is submitted by the learned Counsel that because of the said attitude of the opposite party inconvenience was caused to the complainant and he incurred loss.

(3.) As regards the points raised by the learned Counsel that the order of the District Forum does not contain reasons, and therefore, the order is liable to be set aside and the matter is remitted; though the order is brief reason for the dismissal is stated in the order. The order states that the complaint is regarding the failure of the opposite parties to withdraw the civil suit against the assurance. Then the District Forum states that the said dispute is a civil dispute and hence the complaint is not maintainable. The only question to be looked into is, whether the view of the District Forum can be supported or whether the dispute is a consumer dispute to be taken cognizance of by the Forum.