NEEL MANI MISHRA Vs. AWADESH NARAYAN AGRAWAL

JUDGEMENT

(1.) Sri Neel Mani Mishra, appellant has filed this appeal under Sec.15 of the Consumer Protection Act against the judgment and order dated 31.3.198 passed by District Consumer Forum, Bahraich in Complaint Case No.12/1996. He has raised the plea in this appeal that the matter relates to the breach of trust and this is a case of civil nature and District Forum was not competent to decide this case.

(2.) Mr. H. P. Srivastava, learned Counsel for the appellant and Mr. M. H. Khan, learned Counsel for the respondent/complainant have been heard at length and we have perused the evidence on record.

(3.) It is argued by the learned Counsel for the appellant that the complaint was beyond limitation. He further argued that the basis of this complaint was a 'receipt' on the letterhead of Pavan Brick Field, Bhinga Road, Hasnapur (Bahraich) which mentions that Rs.40,000/- has been paid in advance for 1,00,000 first class bricks at the rate of Rs.400/- per thousand by Sri Awadesh Narayan and the bricks will be delivered to Sri Awadesh Narayan in the month of January. The main argument of Sri Srivastava was that this receipt has not been signed by Sri Neel Mani Mishra but the finding of the Forum in its judgment has been made in the following words: "hindi matter omitted. "