Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:
(1) This is an appeal filed by the original Complainant whose complaint was dismissed by the District Consumer Disputes Redressal Forum, Thane by the judgement delivered on 30th July, 2002 in Consumer Complaint No.567/1998.
(2) The Complainant had filed consumer complaint in the District Forum alleging that Opponent who is an Advocate by profession was guilty of playing fraudulent act. According to him he had paid `3,100/- to the Opponent on 06.07.1995, out of which he returned `2,000/-. Society had filed Suit against the Complainant for cancellation of membership in the office of the Assistant Registrar of Co-operative Court, Kalyan. For reading the papers he had paid certain amount. He had paid `100/- towards the profession charges and `3,000/- while proceeding the case and he also paid `2,500/- for stamps, fees and `500/- for miscellaneous expenses. He was told that Complaint No.22/95 was filed in Court but on enquiry Complainant came to know that through lady clerk that it was not his case. On 15.07.1998 Advocate returned two stamp papers totally amounting to `2,000/-. Secondly, the suit of the Complainant Society was dismissed and thirdly his case of evicting tenant named P.G. Khairatkar was filed very late. According to Complainant the papers of this litigation were returned by Opponent along with stamp papers of `2,000/- but he did not return `1100/- alleged to be paid towards professional charges. He alleged that act of the Opponent was mischievous and fraudulent and he claimed `50,000/- towards compensation.
(3) Notice was sent to the opponent and written version was filed denying allegations made by the Complainant and on perusal of the documents and affidavits placed on record, the District Forum held that there was no evidence to show that Complainant had paid certain amount to the Opponent. There was no receipt or evidence to prove that the complainant had made the alleged payment. The District Forum also observed that Complainant had also approached to the Bar Council of Maharashtra & Goa by filing complaint of similar nature against said Advocate. Hence, no circumstances show that Complainant sustained loss. The District Forum held that it had no jurisdiction to take action on fraudulent act against the Advocate and therefore, the District Forum held that it has no jurisdiction to entertain the complaint and was pleased to dismiss the complaint. Against this dismissal of complaint, the original Complainant has filed this appeal.
(4) This appeal was lying unattended, so we had directed office to issue notice to both the parties vide order dated 29th July, 2011. On 16.08.2011 notices were sent to both the parties by this office and today both the parties are absent. Hence, we perused the appeal memo, impugned order and the documents.
(5) We are finding that the order passed by the District Forum is just, proper and it is sustainable in law. From the various allegations made by the Complainant in the complaint it would be clear that such type of complaint cannot be taken cognizance of by the District Forum. The District Forum noted in the order that Complainant had already filed complaint of cheating and deceiving before the Bar Council of Maharashtra & Goa and from the record it appears that he did not succeed in the said complaint and therefore, he had filed revision petition before the Bar Council of India at New Delhi. In the circumstances, the District Forum rightly held that the allegations made in the complaint are not tenable in law. The Complainant he had not made allegations of deficiency in service or negligence in conducting case and therefore, the District Forum on the whole rightly dismissed the complaint. We are finding no substance in the appeal preferred by the Complainant against the order of dismissal. Hence, we pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) No order as to costs.
(iii) Inform the parties accordingly.
Pronounced on 22nd September, 2011.
