ABHIKRAM THROUGH ITS PARTNER NIMISH PATEL Vs. HOTEL HIMMATGARH PALACE, THROUGH COL. MANSINGH MANAGING DIRECTOR, THAR HOTEL (P) LTD

JUDGEMENT

(1.) This revision petition has been filed against the order dated 13.4.2011 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 610/08 Hotel Himmatgarh Palace Vs. Abhikram by which order of District Forum dismissing complaint was set aside and appeal was partly allowed and respondent/petitioner was directed to pay Rs.2,65,300/- along with 9% p.a. interest to the complainant.

(2.) Brief facts of the case are that respondent/complainant hired architectural and structural consultancy of the petitioner/OP for renovation and extension of the Himmatgarh Palace Hotel complex at Jaisalmer. This service was to be provided in two stages, namely; conceptual stage and schematic stage. Complainant paid a sum of Rs.5,30,600/- as consultancy fee to the opposite party but as conceptual design was not complete, complainant filed complaint for refund of fee along with compensation and cost of litigation. OP/respondent filed written statement and submitted that complainant is not a consumer as defined in the Consumer Protection Act, hence, complaint may be dismissed. Further, it was alleged that complaint has been filed with the illegal motive to get the work completed without paying fees and took many other objections regarding jurisdiction, etc. Learned District Forum vide its order dated 4.3.2008 dismissed the complaint holding that complaint does not fall within the purview of consumer against which State Commission vide impugned order partly allowed the complaint. Hence, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.