THYAGARAJAN ENTERPRISES Vs. PULASTYA ENGINEERING GROUNDS

JUDGEMENT

(1.) This petition is filed under Sec.27 of the Consumer Protection Act.

(2.) An ex parte award has been passed in favour of the petitioner against the respondent in O. P.229/95 on 1.12.95 directing the Opposite Party therein (the respondent herein) to pay to the petitioner a sum of Rs.4,05,000/ within two months from the date of the order. Now this petition under Sec.27 has been filed on the ground that the respondent failed or omitted to pay the award amount as directed by this Com mission and, therefore, he is liable to be imposed penalty under the said section.

(3.) After notice was issued to the Opposite Party he filed a counter. In the long counter filed by him he raised contentions, which ought to have been raised in the written version against the averments in the complaint. There he has also referred to some of the judgments of the Supreme Court, National Commission and some of the State Commissions. He would contend that the award is a nullity because the complainant was not a consumer as defined in the Consumer Protection Act and, therefore, there is no liability for the respondent to pay the award amount. Hence the present petition is liable to be dismissed. It is next contended that the respondent is outside the jurisdiction of this Commission namely in Guntur and hence he is not liable to be arrested.