1.          Counsel for the parties heard.  The main objection raised by the counsel for the petitioner is that the respondents are not the Consumers.  They indulge in commercial activities and their case does not come within the purview of Section 1 clause 2 (d) of the Consumer Protection Act.  We have also perused the record and this is an admitted fact that the complainant nowhere has stated as to how he is a Consumer.  Therefore, we give him opportunity to amend the complaint and explain as to how he is a Consumer in this case.  The counsel for the Opposite Party will file the written statement and rebut the above said plea.  It is also pertinent to mention here that in the written statement filed by the opposite party it was specifically stated that the complaint is not maintainable.  However, it was not said in so many words that the complainant was not a Consumer.

2.          Keeping in view, the facts and circumstances and as agreed by the counsel for the respondent we remand the case before the District Forum and direct the complainant to file the amended complaint.  The amendment stands allowed as per agreement reached between the counsel and respondent will file the written statement.  The District Forum is directed to decide this case on merits.  Nothing in this order will tantamount to expression of any opinion regarding the merits of this case.

3.          Parties are directed to appear before the learned District Forum on 19.11.2012.

4.          Consequently, the order passed by the State Commission is set aside.  The petitioner had deposited 50% of the decretal amount, which will remain with the District Forum and would be disbursed as per final order passed by the District Forum.  The District Forum will deposit the said amount in a Nationalized Bank in FDR and interest will go to the person, who will win the case.

5.      The revision petition stands disposed of.