ORDER

Date of order:  27-11-2017

S.K.Sinha,President       

                   The impugned order directs the appellant to pay a sum of Rs. 2,21,500/- inclusive of the unpaid rent Rs. 1,00,000/- for mental agony Rs. 50,000/- towards the loss of health and fame. The order is to be complied with within two months.

2.                       It is not dispute that for installing the Mobile Tower an agreement was entered between the complainant and the appellant, providing payment of lease rent @500/- per months with in correct by 10% every three years. It is alleged that from the date of the agreement i.e 22.01.2009 till September, 2012 the lease rent by way of license fee was paid. The claimed amount after October, 2012 was not paid till filing the complaint which comes to Rs. 72,500/-.

3. The District Forum for having found that the appellant (Opposite party) did not appear and contest the claim as such allowed the total claim of Rs. 2,21,500/- as claimed.

4. Heard the appellant. No one appear on behalf of the respondent despite registered notice.

5. It is not in dispute that relationship between complainant-appellant (O.P) is pure and pure a commercial venture. The complainant is not claiming his own involvement in installation of Mobile Tower by appellant by means of his self employment. This apart the claim of the complainant is purely a money claim which is denied to be paid by the appellant. The complainant it so advised make recourse for obtaining a money decree in the Civil court upon establishing the claim as per evidence Act. The District Forum did not considered the matter is correct perspective. The impugned order cannot be sustained in law. It is thus set aside.

6. In the result appeal stands allowed.

    Upendra Jha                                                     S.K.Sinha

     Member (M)                                                    President 

           Anita