Per Mr.S.R.Khanzode, Hon'ble Presiding Judicial Member

Heard Mr.U.B.Wavikar-Advocate for the appellant.  None for respondent.

In this appeal, original complainant whose complaint stood dismissed challenged the impugned order dated 19/7/2005 passed in consumer complaint no.94/2002. The grievance is about deposits kept with the respondent O.P. under the scheme of Income plan-95-III.  However, it is seen that the dispute is already taken in the Hon’ble High Court (Original side) by filing a suit bearing no.2496/1998.  Thus, since the matter is before the Hon’ble High Court of competent jurisdiction where the rights of the parties inter-se could be settled properly after proper inquiry, to entertain the same dispute as a consumer dispute, where the disputes are to be settled in a summary manner, is unwarranted.  Therefore, ultimately, we stand by the ultimate dismissal of the consumer dispute per impugned order and, holding accordingly, finding this appeal devoid of any substance, pass the following order:-   

                                      ORDER

Appeal stands dismissed.

In the given circumstances no order as to costs.