ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1869 of 2006

1- M/s Agarwal Timber Traders, Chanda Pan

    Wale ki Gali, Jamuna Kinare through

    Prop. Amar Nath Modi.

2- Ashok Agarwal s/o Sri Amar Nath Modi,

    R/o Bans kDarwaza Chatta Ward, Agra.

3- Raju Agarwal s/o Sri Amar Nath Modi,

    R/o Kamla Nagar, Agra.                                 ...Appellants.

Versus

M/s Mysore Furnitures, City Station Road,

Agra through Prop. Sri Rajendra Prasad Singhal,

17/209, City Station Road, Agra.                     …Respondent.

Present:-

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

2- Hon’ble Sri Vikas Saxena, Member.

Sri Umesh Kumar Srivastava, Advocate for appellants.

None for the respondent.

Date 30.11.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been directed against the judgment and order dated 13.6.2006 passed in complaint case no.202 of 1998, M/s Mysore Furnitures vs. M/s Agarwal Timber Traders & ors., whereby the ld. District Forum by allowing the complaint directed the appellants/opposite parties to return 16475 Kgs. Wood otherwise pay Rs.30,000.00, the cost of wood alongwith interest @6% p.a.

This judgment is challenged on the ground that wood provided by the complainant was sawed in presence of the respondent. There is no practice to return any wood after sawing. The appellant never accepted the wood for saw work after weighting the same nor the respondent got the wood against weight or got the wood weighted in presence of appellant. The complainant to pay Rs.6,017.00 balance sawing amount to the appellant and to defraud the payment of this amount, the complainant filed the complaint before the ld. District Forum.

(2)

          We have heard ld. counsel for the appellant. None present for the respondent.

As per allegation of the complaint, it appears that the case of the complainant is non-consumer dispute. Owner of saw machine is not a service provider to the complainant, therefore, consumer complaint was not maintainable before ld. District Forum.  Hence, the ld. District Forum passed the judgment and order on non-consumer complaint which deserves to be set-aside. The appeal deserves to be allowed.

ORDER

          Appeal is allowed. The impugned judgment and order dated 13.6.2006 passed in complaint case no.202 of 1998 is set aside. The complaint is dismissed.

          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.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 3