Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:-

(1)          Mr.K.F. Paul files service affidavit under section 28-A of the Consumer Protection Act, 1986, marked as Exhibit-‘X1’.  Service on Respondent is held good.  There is a postal acknowledgement on record indicating that the service of notice was made on Respondent. Appellant, Mr.K.F. Paul confirmed correctness of address on which notice was sent.  Service affidavit was held good.  Appellant is absent.

(2)          On behalf of the Appellants K.F. Paul is heard.  Perused record.

(3)          This appeal is directed against the dismissal of consumer complaint as per impugned order dated 11.02.2010, Mr.K.F. Paul & Anr. V/s. Umashankar, Director, Charisma Data Vision,  passed by District Consumer Disputes Redressal Forum, Mumbai Suburban at Bandra, (‘Forum below’ in short).

(4)          It is the case in respect of dishonor of cheque received by the Complainants from Respondent towards their commercial transaction, viz.set up a computer training school with latest computers and training kits.  The amount which was given by the Complainant of Rs.1,27,000/- for the above referred purpose was returned by cheque by Respondent finding its inability to set up the training school.  Criminal complaint u/sec.138 of Negotiable Instrument Act thereafter was filed by the Appellants/Complainants before the Metropolitan Magistrate Court at Kurla, since, the cheuque by which amount was refunded was dishonoured.  It is now submitted by the Appellant/Complainant present before us that as a result of the criminal proceeding, the amount of dishonoured cheque was received by him, however, as per the advice received, this complaint is filed to get interest and compensation.

(5)          One thing is made clear from the submissions made is that cheques were duly accepted for the consideration refunded from the Respondent by the Complainants and thereby accepting the contention of the Respondent that since he could not fulfil to set up  the training institute for which the amount was paid to him, supra, he refunded the amount.  This acceptance gives full end to the service contemplated in setting the training institute from Respondent as per the original transaction.

(6)          The area of bouncing of the cheque falls under Negotiable Instrument Act and not within the scope of Consumer Protection Act.  Remedies available are the one before the Civil Court to claim damages or compensation in respect of bounced cheque subject to limitation and to pursue any other legal remedies available.  Evidence of deficiency in service is wanting in the instant case and thus, this cannot be a consumer dispute.  Therefore, dismissal of consumer complaint by Forum below cannot be faulted with.  Thus, finding the appeal devoid of any instance, we pass the following order:

O  R  D  E  R

       (i)     Appeal stands dismissed in limine.

     (ii)     No order as to costs.