2001 (1) TMI 912

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..... ppeal is directed against the order dated 17-12-1996 in O.P. No. 62/95 on the file of the District Consumer Disputes Redressal Forum, Madurai. The appellant is the second opposite party while the respondents 1 and 2 are, respectively, the complainant and the first opposite party. After the filing of the appeal, the second respondent/first opposite party had been given up. 2. The complainant, i .....

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..... f imagination be construed as a consumer dispute calling for action under the Act. The complainant, if at all, can have his grievance redressed before a Civil Forum. 4. The Forum below allowed the complaint and the operative portion of its order is reflected in paragraph 8 and it reads as under : "In the result, this complaint is allowed by directing the opposite parties to refund the sum of .....

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..... absent does not mean that we cannot dispose of the appeal on merits of course after hearing the learned counsel appearing for the appellant and on perusal of the materials placed on record and that is exactly what we have done in this case. 7. Even at the outset we may point out that the appeal deserves to be allowed, on the facts and in the circumstances of the case, on the face of the decis .....

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