LAWS(NCD)-2013-7-58

AYURVET LTD. Vs. GOPAL KRISHAN GAUSHALA GURUKUL

Decided On July 19, 2013
Ayurvet Ltd. Appellant
V/S
Gopal Krishan Gaushala Gurukul Respondents

JUDGEMENT

(1.) THE present Revision Petition is filed under Section 21(b) of the Consumer Protection Act, 1986, challenging the order of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (in short, 'State Commission') dated 1.6.2012 passed in First Appeal No. 372/2008 titled as Ayurvet Ltd. v. Shri Gupal Krishan Gaushala, which dismissed the Appeal by non -interference in the order passed by the learned District Consumer Disputes Redressal Commission (in short, 'District Forum'), Kurukshetra in Complaint No. 357/2006 decided dated 24.12.2007. Brief Facts of this case as:

(2.) NOTICE being issued, opposite parties appeared and contested the complaint, raising plea that OP Nos. 2 and 3 are dealing in the manufacturing of best quality feed and the same is supplied in the market after proper checking through OP No. 1. There is no complaint whatsoever from any comer except the Complainant. It was submitted that sample of feed has neither been sent in presence of OPs nor necessary measures have been adopted for sending the sample and as such the alleged report of FSL, Madhuban the analysis is not sustainable. It was further submitted that the cows of Complainant might have died due to some other factor. As per blood report dated 26.6.2006 the cows have died due to Theilerisis which was an outcome of stress and existing environment of Gaushala. Thus, there was no deficiency in service on their part.

(3.) AGGRIEVED by the order of District Forum respondent filed an appeal No. 372/2008. The State Commission heard the parties and dismissed the appeal with observation as - -