SHREE CHANDRASHEKHAR, J. - (1.) AGGRIEVED by order dated 14.08.2014 in Complaint Case No. 245 of 2012, the petitionerRajendra Institute of Medical Science(RIMS), has approached this Court.
(2.) THE brief facts of the case are that, the Complaint Case No. 245 of 2012 was filed alleging deficiency in service in not supplying the waste articles purchased by the respondents in auction sale. For payment of principal amount of Rs. 12,86,786/ and the amount of Rs. 5,00,000/ by way of compensation the complaint petition has been filed. Vide impugned judgment and order dated 14.08.2014, the complaint petition was allowed directing the opposite partyRajendra Institute of Medical Science(RIMS) to pay the price for undelivered waste articles along with interest at the rate of 9 % per annum from 05.06.2002 till recovery. A further direction was issued for complying with order dated 14.08.2014 within 60 days, failing which a penal interest of 12 % has been imposed till the delivery.
(3.) HEARD the learned counsel for the parties. The learned counsel for the petitioner submits that a bare perusal of Complaint Case No. 245 of 2012 would indicate that it was not maintainable. The complainant is not a consumer as defined in Section 2(1)(d) of the Consumer Protection Act, 1986. It is further submitted that completely ignoring the mandate as contained in Sections 13 and 14, the impugned order dated 14.08.2014 has been passed which cannot sustain scrutiny in law. The learned counsel, seriously challenging the jurisdiction of the District Consumer Disputes Redressal Forum, submitted that on a bare perusal of the complaint petition, it is apparent that the District Consumer Disputes Redressal Forum, Ranchi has no jurisdiction to entertain the Complaint Case No. 245 of 2012 and therefore, the petitioner has approached this Court by filing the present writ petition under Article 227 of the Constitution of India.;