V.P. KOCHAGASTY Vs. P. KUMARANKUTTY

JUDGEMENT

(1.) In this revision petition the petitioner-complainant has taken exception to dismissal of his Appeal No.243 of 2015 by the State Commission, Kerala.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the petitioner filed a consumer complaint alleging that he was cheated by one Mr. C. Sethunath in a deal pertaining to purchase of a house. The petitioner-complainant, therefore, approached the respondent-advocate for approaching the court. It is the case of the petitioner that the opposite party after discussing the matter with the complainant suggested filing of a criminal complaint under Section 420 of the IPC against Mr. C. Sethunath and assured him hundred percent success in the complaint. The petitioner-complainant having been convinced by the assurance given by the opposite party engaged him and paid a sum of Rs.7,000/- as lawyer's fee. The opposite party filed a criminal complaint under Section 420 IPC which, however, was dismissed after six months for the reason that the dispute raised in the complaint was of civil nature. The complainant, thereafter, asked the opposite party to refund the money but in vain. Claiming above to be deficiency in service on the part of the opposite party the petitioner-complainant raised a consumer dispute before the concerned consumer forum.

(3.) The District Forum on consideration of pleadings of the parties was of the view that there was no deficiency on the part of the opposite party. The complaint was, accordingly, dismissed. The complainant being aggrieved of the order of the District Forum approached the State Commission, Kerala in appeal. The State Commission, however, concurred with the finding of the District Forum and dismissed the appeal in limine with following observations: