Court No. - 10 Case :- WRIT - C No. - 34824 of 2010 Petitioner :- M/S Pollyman'S Engineering Respondent :- District Consumer Redressal Forum Bijnaur And Others Petitioner Counsel :- Adarsh Kumar,B.N. Rai Respondent Counsel :- C.S.C. Hon'ble Rakesh Sharma,J.
Hon’ble Sabhajeet Yadav,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner has contended that the transaction in
question is commercial in nature and dispute is not cognizable under the
provisions of Consumer Protection Act 1986 as such District Consumer
Forum has no jurisdiction to entertain the complaint and accordingly it is not
necessary to prefer appeal under the provisions of section 15 of Consumer
Protection Act 1986 against the order passed by the District Consumer Forum
before State Commission. In support of his submission learned counsel for the
petitioner has placed reliance upon Whirl Pool Corporation Vs. Registrar
of Trade Marks, Mumbai and others (1998) 8 SCC 1; Laxmi Engineering
Works Vs. P.S.G. Industrial Institute (1995)3 SCC 583; Kalpavruksha
Charitable Trust Vs. Toshniwal Brothers (Bombay) PVT. LTD and
another (2000) 1SCC 512.
We have considered the submissions of learned counsel for the petitioner and
perused the record. In our view the facts of the aforesaid case are quite
distinguishable from the facts and circumstances of the instant case.
Accordingly we are not inclined to interfere in the matter. The writ petition
stands dismissed.
Order Date :- 15.6.2010
GNY