JAMAL KHAN Vs. TARUN GHOSH

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner against order dated 13.6.2006, passed by State Consumer Disputes Redressal Commission, Jharkhand (for short 'State Commission') vide which appeal filed by the respondent against order dated 27.10.2005 passed by District Consumer Forum, Jamtara (for short 'District Forum'), has been allowed.

(2.) Brief facts of this case are that on 23.10.2004, the day of Durga Puja, respondent/ complainant went to purchase meat from the shop of the petitioner/OP and enquired about the rate of mutton per kg., whereupon petitioner quoted the same at Rs. 150 per kg. Respondent made a protest since the prevailing rate at that time was Rs. 120 kg. only. But the petitioner did not agree and respondent was forced to purchase The meat @ Rs. 150 per kg. Thus, according to respondent, petitioner has realized the excess amount of Rs. 30 against the price of 1 kg. meat. It was further alleged in the complaint that petitioner not only realized the excess amount but also misbehaved with the respondent by abusing in the filthy language and pushed him, resulting in filing of the instant complaint, claiming compensation of Rs. 5,500 for mental tension, physical harassment and inconvenience.

(3.) Petitioner in its reply denied all the allegations and stated that the complaint is not maintainable either under the law or on the facts. It is stated that the rate of Khasi meat varies upon demand and supply and its rate has not been fixed by 'Notified Area Committee', Jamtara. Further, petitioner never sold Khasi meat @ Rs. 150 per kg. and he used to sell it at the rate of Rs. 120 per kg. It is also the case of petitioner that the complaint does not come within the purview of the Consumer Protection Act. It is also alleged that respondent appears to have a general complaint against the petitioner and that is why he has made complaints against the petitioner to the SDO and Police.