GULAB JAGANNATH SAKHARE Vs. KSHIRSAGAR CONSTRUCTIONS

JUDGEMENT

(1.) We are proceeding to dispose of this appeal at the stage of its admission itself, without going into the merits or demerits of the issues involved therein, as we find that the order of the District Forum impugned in this appeal relegating the complainant to the Civil Court to pursue his remedy is not appropriate in the facts, situation as obtained in the matter herein. The respondents are present through their Counsel Mr. Baphna in response to the notice before admission issued by us on 26.2.2003.

(2.) Apart from the fact that Advocates for both the parties state that the matter be remitted to the District Forum, on consideration of the material, we notice that even otherwise dispute being the subject mater of the complaint herein would squarely fall within the purview of Consumer Fora. In that, complainant is a flat purchaser and O. Ps. are the Builders and flat purchaser has alleged certain deficiencies on the part of the Builder in rendering services to him. It is to be stated that under Sec.2 (1) (o) of Consumer Protection Act, 1986 which defines services, "housing Construction" has also been introduced as a kind of service, which will be amenable to the jurisdiction of Consumer Fora. That being so, by declining to entertain the complaint by District Forum, Thane was not justified as the same will go counter to the ratio of the judgment of the Supreme Court in the case of Dr. J. J. Merchant and Others V/s. Srinath Chaturvedi, 2002 3 CPJ 8 delivered on 12th August.

(3.) It is to be stated that it is a settled position of law that Fora should not abdicate its duty of adjudication of dispute brought before them, if same will be otherwise amenable to their purview and jurisdiction relegating the parties to the Civil Court as done. Hence, the following order: order 1. Appeal is allowed and its impugned order dated 31.8.2002 is set aside.2. Matter is remitted to the District Forum, Thane for consideration afresh on merits in accordance with the provisions of the Law and the Rules and on giving proper opportunities to the parties thereunder.3. Appellant's Advocate shall furnish copy of the order herein to the District Forum, Thane immediately.4. By consent the date of appearance before the District Forum, Thane by parties is fixed on 14.6.2004, on which date the parties shall ensure their appearances before the District Forum without fail and seek directions with regard to the fixation of date of hearing.5. It is made clear and distinctly understood to the parties that no further notices for appearance will be required to be issued by the District Forum to the parties.6. The District Forum shall proceed to dispose of the complaint totally uninfluenced by its earlier findings or any observations of ours in the judgment herein concerning the merits of the matter treating the same as our prima facie views and observations thereof.7. District Forum to ensure expeditious disposal of the matter after remand.8. As far as this appeal is concerned, no order as to costs. Office shall furnish copies of the order to the parties. Appeal allowed.