LAWS(NCD)-2008-2-79

AMRJEET SINGH PARIHAR Vs. SITARAM JANGID

Decided On February 20, 2008
AMRJEET SINGH PARIHAR Appellant
V/S
SITARAM JANGID Respondents

JUDGEMENT

(1.) -HEARD. BY the order impugned the Forum below has dismissed complaint of appellant, as not maintainable, as also for want of jurisdiction. The dispute pertained to a body of a passenger bus which the respondent had undertaken to build for the appellant/complainant. However, the respondent carries on his business of body building at Jaipur (Rajasthan) and no branch office of respondent is situated at Satna (M. P.), where the complaint was filed. Under the circumstance, the Forum below was right in holding that the Satna Forum has no jurisdiction to entertain the complaint. Even otherwise, the service in question was hired for commercial purpose and since not only the agreement for service was entered into, the complaint was also filed after coming into force the Consumer Protection (Amendment) Act, 2002, the same was not maintainable. The remedy of the appellant lies elsewhere not under the provisions of the Consumer Protection Act. He is still free to take recourse to such other remedy as may be available to him in law and while doing so, he may seek exclusion of time spent by him in prosecuting these proceedings.

(2.) WE thus, decline admission and dismiss the appeal summarily but with liberty as aforesaid. Appeal dismissed.