M/s Gesture Hotels & Food Private Limited, respondent no.1 herein, filed the complaint before the District Forum against the petitioner alleging that it had engaged the services of the petitioner for waterproofing and water sealing of its building; that the petitioner assured the complainant of high quality of workmanship and had also

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given warranty of 10 years on water proofing and ceiling work carried out by the petitioner.  However, after inspection, the complainant found that quality of work was very poor and there was constant leakage problem in the premises resulting in extensive damage to the woodwork, floorings and false ceiling.

          District Forum dismissed the complaint on the ground that the complaint is not maintainable as the complainant was engaged in a ‘commercial activity’ of profit making.

          Complainant being aggrieved filed the appeal before the State Commission.  By the impugned order, State Commission reversed the order of the District Forum and held that the complaint filed by the respondent was maintainable and remanded the matter back to the District Forum for a fresh decision in accordance with law on merits. 

          Counsel for the parties state that the impugned order of the State Commission as well as that of the District Forum be set aside and the complaint be remitted back to the District Forum to decide it afresh in accordance with law. 

          In view of the submission made aforesaid, the orders of the State Commission and the District Forum are set aside and the case is remitted back to the District Forum to decide it afresh in accordance with law without being influenced by any of the observations made by it in the earlier order or in the order of the State Commission.

          All contentions are left open.

          District Forum shall decide the dispute between the parties afresh including the question regarding ‘Maintainability’ of the complaint.

          Parties through their counsel are directed to appear before the District Forum Sheikh Sari, New Delhi on 03.11.2011.

          Since it is an old case, we direct the District Forum to dispose of the complaint within four months of the date of appearance.

          Office is directed to send back the record, if any, received from the District Forum.