MARKET COMMITTEE PATIALA Vs. NIKHIL ENTERPRISES

JUDGEMENT

(1.) M/s. Nikhil Enterprises, Chandigarh, had instituted a complaint against Punjab State Co-operative Bank, Chandigarh, Kapurthala Central Co-operative Bank, Phagwara, Patiala Central Co-operative Bank, Patiala and Mansa Central Cooperative Bank Limited, Bareta, under the Consumer Protection Act, 1986, alleging that they had printed calendars according to the orders of the Punjab Mandi Board and three Bank drafts, dated 19.1.95 for Rs. 42,000/-, Rs. 63,000/- and dated 2.2.95 for Rs. 42,000/- were drawn but the respondent Banks declined to make the payment.

(2.) A plea was taken before the Consumer Disputes Redressl Commission, UT, Chandigarh, that M/s. Nikhil Enterprises, the complainant has already instituted a civil suit for recovery of Rs. 3,97,000/- against the Punjab Mandi Board, General Manager, Punjab Mandi Board and the Chairman, Punjab Mandi Board regarding the alleged price of the disputed printed calendars and once they have approached the Civil Court they should not have instituted this complaint against the Bankers. This preliminary objection was rejected by the District Forum, Chandigarh and aggrieved against the impugned order dated 6.12.95, the Market Committee, Bareta with Appeal Case No. 14 and Market Committee, Budhlada with Appeal Case No. 15 of 1996 have come forward here. Since there is common question of maintainability, the three appeals have been taken up together as proposed by the learned Counsel for the parties.

(3.) The important plea raised on behalf of the respondent is that M/s. Nikhil Enterprises, Chandigarh the complainants are the sellers and supplier of goods i.e. printed calendars. In the case in hand the appellants are the consumers under Section 2(1)(d) of the Consumer Protection Act, 1986 who placed order for the printing of calendars for the year 1996.