S.NAGARAJAN Vs. SPENCERS TRAVEL SPENCER & CO. LTD
LAWS(TNCDRC)-2008-5-2
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 29,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) The prayer in the complaint is as follows:- In the foregoing circumstances, it is prayed that this Honble State Forum may be pleased to a) direct the 1st and 2nd opposite parties jointly to pay a sum of USD 30,000/- towards the loss of profit. [Rs.14,10,000/- in Indian currency at the rate of Rs.47/- per US Dollar] b) direct the 1st and 2nd opposite parties jointly to pay a sum of USD 2,00,000/- towards the business loss (Meaning the loss of profit for subsequent year business losses) [Rs.94,00,000/- in Indian currency at the rate of Rs.47/- per US Dollar] c) direct the 1st and 2nd opposite parties jointly to pay a sum of USD 1,000/- towards material loss [Rs.47,000/- in Indian currency at the rate of Rs.47/- per US Dollar] d) direct the 1st and 2nd opposite parties jointly to pay a sum of USD 3,000/- towards the cost of trip [Rs.1,41,000/- in Indian currency at the rate of Rs.47/- per US Dollar] e) direct the 1st and 2nd opposite parties jointly to pay a sum of Rs.20,000/- towards cost of legal notices and professional charges for the advocate and thus render justice.
(2.) A mere reading of the prayer clearly shows that the complaint is not maintainable and in any event before this State Commission. Prayer (a) is for a direction to the 1st and 2nd opposite parties jointly to pay a sum of USD 30,000/- towards the loss of profit. [Rs.14,10,000/- in Indian currency at the rate of Rs.47/- per US Dollar]; prayer (b) is for a direction to the 1st and 2nd opposite parties jointly to pay a sum of USD 2,00,000/- towards the business loss (Meaning the loss of profit for subsequent year business losses) [Rs.94,00,000/- in Indian currency] ; prayer (c) is for a direction to the 1st and the 2nd opposite parties jointly to pay a sum of USD 1,000/- towards material loss [Rs.47,000/- in Indian currency]; prayer (d) is for a direction to the 1st and 2nd opposite parties jointly to pay a sum of USD 3,000/- towards the cost of trip [Rs.1,41,000/- in Indian currency] ; and prayer (e) is for a direction to the 1st and the 2nd opposite parties jointly to pay a sum of Rs.20,000/- towards cost of legal notices and professional charges for the advocate. Possibly the prayers (c), (d) & (e) can be maintained before us. But having regard to the nature of the main prayer for a direction to the opposite parties to pay a sum of US Dollars 30,000/- towards loss of profit and another sum of US Dollars 2,00,000/- towards business loss, in our view being commercial in nature, the complaint is not maintainable before us. Even on 25/4/2008 after hearing counsel on both sides we passed the following order:- It is represented by the learned counsel for opposite parties that in full quits of the claim of the complainant against them, they are willing to pay Rs.40,000/-. Learned counsel for the complainant seeks time to get instructions. In case, the matter is not settled, we may have to dismiss the complaint as not maintainable before us and the complainant may have to seek his remedy elsewhere. Call on 08/05/08. After 8/5/2008, for obtaining instructions the matter was adjourned to 29/5/2008 i.e., today. Today, the learned counsel for the complainant represents that he has not received any instructions from his client.
(3.) Having regard to what is stated above, we have no alternative other than to dismiss the complaint as not maintainable before this Commission. However, we leave it open to the complainant to pursue his remedies before the proper forum. If and when such an action is taken, it is open to the complainant to seek exclusion of the time taken in pursuing the complaint before this Commission. With the above observations, the complaint is dismissed.;


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