Complainant was the petitioner before the District Forum.

          Dispute in this case is about two Demand Drafts purchased by the petitioner from the Branch Manager, State Bank of India, Miloniganj, Jabalpur (M.P.) - respondent No.1 drawn on Branch Manager, State Bank of India, Service Branch, New Delhi – Respondent No.2 and payable to Respondent No.3, i.e., Nisha Traders.  Case of the complainant was that the said drafts were lost in transit and despite his due intimation to Respondent No.1, the amount was wrongly paid by Respondent No.2 in favour of M/s.Kanika Enterprises – Respondent No.5 on the endorsement made by Respondent No.3.

          District Forum came to the conclusion that, as disputed questions of fact were involved, which required elaborate evidence, the complaint was not maintainable before the consumer fora, leaving the petitioner to seek remedy under general law by approaching the Civil Court.

          Petitioner, being aggrieved, filed an appeal before the State Commission.  State Commission dismissed the appeal by upholding the order passed by the District Forum.  It has been held that since the allegations made in the complaint involved disputed questions of fact, which required elaborate evidence, the dispute could not be decided in summary manner by the consumer fora.  It was further mentioned that neither Respondent No.3 nor Respondent No.5 had appeared before the forum below to explain the position.  Respondent No.3 did not press its claim for payment of money due under the said two drafts from the petitioner. 

          We agree with the view taken by the foras below that the complaint involved disputed questions of fact, which could not be decided in summary manner.  Reference may be made to the judgement of the Supreme Court in Oriental Insurance Co. Ltd. vs. Munimahesh Patel – 2006 CTJ 1073 (Supreme Court)(CP) wherein it has been held that such disputed questions cannot be decided by the consumer fora as they have to dispose of the cases in summary manner.

          Revision Petition stands disposed of in above terms.