Rajasthan

StateCommission

A/29/2017

Chairman Nagarpalika Mandal Mertacity Nagaur - Complainant(s)

Versus

Tilak Coaching Classes - Opp.Party(s)

D.M.Mathur

18 Jan 2018

ORDER

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

 

 

FIRST APPEAL NO: 29/2017

 

Chairman, Nagarpalika Mandal, Merta city, Distt. Nagaur & ors.

Vs.

Tilak Coaching Classes, Civil Lines, Merta city, Distt. Nagaur. Through Chairman & ors.

 

Date of Order 18.1.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. D.M.Mathur counsel for the appellant

None appeared on behalf of respondent no.1

Mr.Rampal Chawla counsel for respondent no.2

 

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

 

2

 

This appeal has been filed against the order passed by the District Forum, Nagaur dated 22.11.2016 whereby the claim is allowed against the appellant.

 

The only contention of the appellant is that the services were hired for commercial purposes and the claim was not maintainable before the Consumer Forum.

 

Per contra the respondent no.2 has left the matter at the discretion of the Commission. None appeared on behalf of respondent no.1.

 

Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that the complainant who is running coaching classes has hired the services of the appellant for display hoarding board and as fee Rs.10,200/- were deposited. Hence, the contention in the complaint clearly reveals that services were hired for commercial purposes and the complaint was not maintainable before the Consumer Forum.

3

 

The appellant has relied upon II (1993) CPJ 1165 Pooja Sales Pvt.Ltd. Vs. M.S.Khan where the issue was different from that of present complaint. The complaint was filed for outstanding amount which is not the case here hence, could not give any benefit to the appellant.

 

In view of the above that the services were hired for commercial purposes the claim should have been dismissed.

 

Hence, the appeal is allowed and the order of the Forum below dated 22.11.2016 is set aside.

(Nisha Gupta) President

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