BHAUSAHEB DEVRAM PATIL Vs. KISHORE D PATEL

JUDGEMENT

(1.) None appears for the parties. Despite this, we decide to dispose of this revision petition on merits, as, in our view, the order dated 10.9.1998 passed by the State Commission, Maharashtra, in Revision Petition No. 44 of 1998 is totally unjustified. It appears that in revision petition which arose out of the execution proceedings (M.P. No. 28 of 1996) the State Commission reversed the final decision rendered by the District Forum.

(2.) Facts, in brief are that the complainant, Mr. Bhausaheb Devram Patil has filed complaint, No. S. R. 92 of 1993, against Kishore D. Patil, alleging deficiency in service on his part in supplying the defective colour television. The District Forum vide its order dated 30.9.1994 directed the opposite party to repair the T.V. set or refund its price. As the order was not complied, the complainant filed an Execution Petition, M.P. No. 28 of 1996, before the District Forum. In that execution petition the District Forum by order dated 20.8.1998 sentenced the opposite party to undergo simple imprisonment for three months and to pay penalty of Rs. 5,000.

(3.) Against that order which was passed in the execution petition, the opposite party filed revision petition, i.e. Revision Petition No. 44 of 1998, before the State Commission. The State Commission reversed the original judgment passed by the District Forum in S. R. No. 92/93 and arrived at the conclusion that there exists no relationship of consumer and service provider between the petitioner and the respondent.