TMI Blog2001 (1) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... RAN, MEMBER M. Chandrasekaran for the Appellant. ORDER M.S. Janarthanam, President - This appeal 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case inasmuch as the actions complained of, can by no stretch of 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 resu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a counsel of his choice and virtually remained absent. The fact that he is 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de and we, accordingly, do so. 9. In fine, the appeal is allowed; the order of the Forum below is set aside and the complaint itself is dismissed. It is, however, open to the complainant to resort to action being taken against the opposite parties in a Civil Forum for the recovery of the money so paid if they are so advised. We make no order as to costs on the facts and in the circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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