BHAGWANDAS KHUBCHAND MULANI Vs. MANAGER CARGO MOTORS LTD

JUDGEMENT

(1.) By way of this revision application, the applicant being the original complainant has brought under challenge order dated 24.9.2002 rendered by the learned Consumer Disputes Redressal Forum, Banaskantha in Consumer Case No.1/2001 directing the complainant to avail of his remedy before the Civil Court. We have heard the learned Advocates for the parties. It is not in dispute that the complainant who has been engaged in wholesale business of selling fruits got registered a Tata truck with the opponents, one of whom is dealing in financing against the transactions of purchases of trucks. The complainant is alleged to have made down payment of Rs.50,000/- in the first place and Rs.1,20,000/- in the second place, in all Rs.1,70,000/-. He also obtained finance in the sum of Rs.3,30,000/-. According to him he has been paying the monthly instalments against the finance availed by him. His case is that the opponents accepted Rs.50,000/- as excess down payment and therefore he should get refund of the amount from the opponents. After considering the facts and circumstances of the case, the learned Forum came to the conclusion that the matter required elaborate evidence with regard to whether the complainant made excess down payment of Rs.50,000/- or whether it was according to the transaction entered into between the parties or whether it was in fact made or not. The question was also with regard to whether down payment was in the sum of Rs.1,20,000/- in all or Rs.1,70,000/- in all. Thus, in substance, the question was one with regard to rendition of accounts between the parties. A dispute with regard to rendition of accounts cannot be said to be a consumer dispute. Hence, the learned Forum has rightly relegated the complainant to his remedy before the Civil Court. Therefore, no indulgence is required to be shown against the impugned order. This Revision Application is accordingly dismissed, with no order as to costs. .