SAT PAL MOHINDRA Vs. SURINDRA TIMBER STORES
LAWS(SC)-1999-4-119
SUPREME COURT OF INDIA
Decided on April 12,1999

Sat Pal Mohindra Appellant
VERSUS
Surindra Timber Stores Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appellant filed a complaint on 21/5/1994 before the District Consumer Disputes Redressal Forum, Arnbala alleging deficiency of service by use of sub-standard material by the respondent, with whom an order had been placed by him for fabricating of three doors and six window doors etc. The appellant sought suitable compensation from the respondent. The respondent filed a written resisting the complaint. After evidence was led by the parties, the District Consumer Forum dismissed the complaint on 16/11/1995. The appellant thereupon took the matter in appeal to the State Consumer Disputes Redressal Commission. The learned Commission did not go into the merits of the appeal but non-suited the appellant and dismissed his appeal with the following observations on 14/10/1996: "As the matter is now sub judice before the civil court and the appellant will have an opportunity to file a counter-claim with regard to the inferior Quality of the material, we do not find it necessary to go into the merits of the appeal. As the parties will get full opportunity before 697 the civil court and the matter will be decided on merits there, there is no scope for any further action in the consumer jurisdiction. The appeal is dismissed. "
(3.) The appellant thereupon approached the National Consumer Disputes Redressal Commission through a revision petition. The National Consumer Disputes Redressal Commission noticed the observation of the State commission to the effect that a civil suit had been filed by the respondent which was pending in a civil court and dismissed the revision on 21/7/1998 b observing that he could raise all the points before the civil court in the pending suit. Aggrieved, the appellant is before us by special leave.;


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