Rajasthan

StateCommission

A/379/2017

Kanhaiya Lal Sharma s/o Ramnieas Sharma - Complainant(s)

Versus

PACL INDIA LTD - Opp.Party(s)

Vikram Singh Yadav

10 Jul 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 379/2017

 

Kanhaiya Lal Sharma s/o Ramniwas Sharma r/o Gram Panchayat Isarda, Tehsil Chauth ka Barwada Distt. Sawaimadhopur.

Vs.

 

PACL India Ltd. regd.office 22, 3^rd floor, Ambar Tower, Sansar Chandra Road, Jaipur & ors.

 

 

Date of Order 10.7. 2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Meena Mehta -Member

 

Mr. Keshav Agarwal counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

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This appeal has been filed against the judgment of learned DCF Jaipur 1^st dated 6.3.2017 whereby the claim of the appellant has been disallowed.

 

The contention of the appellant is that the contract between the parties was only for return the money after seven years with assured interest hence, the transaction cannot be termed to be commercial one and the claim should have been allowed.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

The Forum below has held that the appellant has applied one time for 14 applications hence, the transaction was commercial. The complainant could not fall under the category of consumer.

 

The contention of the appellant is that he deposited the money with the respondents and after 7 years money was to be paid alongwith assured interest but the appellant himself has contended that the scheme was to allot the plot or to return the money alongwith assured interest and admittedly he furnished 14 applications which shows the very nature of the transaction

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that it was for investment purpose and the Forum below has rightly held that the complainant is not a consumer and for lack of jurisdiction the complaint has rightly been dismissed.

 

In view of the above, there is no merit in this appeal not worth admission and liable to be rejected.

 

(Meena Mehta) (Nisha Gupta )

Member President

 

 

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