ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.1261 of 2010

Rajesh Pandey s/o Sri Ram Newas Pandey,

R/o Kutchery Road, Dumariaganj, Thana,

Dumariaganj, District, Siddharth Nagar at

present through Sri Ram Nayan Verma,

Durgapuri Colony, Gidhi Khurd, District,

Basti.                                                              …Appellant.

Versus

1- Ghanshyam Tiwari s/o Sri Jamuna Prasad Tiwari,

    R/o Mohalla, Purana Dakkhana, Civil Line,

    Gandhi Nagar, Basti, Post, Gandhi Nagar,

    Basti, Tehsil and District, Basti.

2- United Bank of India, Branch Jighina,

    District, Basti through Branch Manager    .…Respondents.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadyay, Member.

None appeared for the parties.

Date  1.5.2024

JUDGMENT

Per Sri Sushil Kumar,  Member- Case called out. None is present to press the appeal.

We have gone through the judgment and pleadings of the parties.

On perusal of the complaint, it appears that the complainant/respondent no.1 sold his truck no. Up 51 C-2199 to the appellant on 7.1.2004 for the value of Rs.4,50,000.00. The appellant has given two cheques to the complainant as part consideration. The complainant submitted the cheques in the bank for collection of the amount but the cheques were dishonoured. After receiving the information from the bank regarding dishonour of cheques, the complainant served a notice on the appellant as well as informed the S.P. concerned on 29.9.2005 for recording the criminal complaint against the opposite party/appellant but the ld. District Consumer Forum allowed the complaint and directed the appellant to pay Rs.1,50,000.00, the amount of two cheques.

Thus, this is a case of civil transaction between the two parties in their individual capacity. There is no relationship of service provider and consumer between the parties. The complainant/respondent no.1 sold his truck to the appellant and if he is unable to get full value of the sold truck then he could have recovered the amount from filing money suit in the proper court having jurisdiction. But, certainly no consumer dispute is arises by this transaction, therefore, it is clear that the ld. District Consumer Forum decided the non-consumer complaint. Hence, the appeal deserves to be allowed and the judgment and order passed by the ld. District Consumer Forum deserves to be set aside.       

ORDER

          Appeal is allowed. The judgment and order dated 18.6.2010 passed by the Ld. District Consumer Forum, Basti in complaint case no.148 of 2005 is set aside and the complaint being not a consumer dispute is hereby dismissed.

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be returned to the appellant as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

          (Sudha Upadhyay)                          (Sushil Kumar)                             

                Member                                  Presiding Member

Jafri, PA I

Court 3