JASWANT RAI THAPER Vs. IMPROVEMENT TRUST LUDHIANA

JUDGEMENT

(1.) This is a classic case wherein the complainant had filed a civil case against the Improvement Trust, Ludhiana and got a decree in his favour and instead of executing the same he has filed a complaint before the State Consumer Disputes Redressal Commission, Punjab which held that 'delay in compliance of decree passed by the Civil Court cannot be a consumer dispute that any relief can be granted to the complainant in this case. After decree of the civil suit finally, if there was some delay in getting it executed, it will not be a case of deficiency in rendering service on the part of the opposite party. After adjudication of the dispute by the Civil Court, it no longer remains a consumer dispute to be considered under the provisions of the Consumer Protection Act. The complaint has to be dismissed leaving the complainant to approach the Civil Court for the relief, if so advised. The question is answered accordingly.

(2.) For the reasons recorded above, finding no merit in the complaint, the same is dismissed leaving the complainant to approach the Civil Court, if so advised for the relief.

(3.) Dissatisfied with the order of the State Commission he has filed this appeal before us.