1. -THIS is an appeal against the order dated 8.10.2002 passed by the District Forum, Haridwar whereby the complaint of the complainant was dismissed with cost of Rs. 500/- to the opposite party.
2. THE complainant filed the complaint with the allegation that he has got the engine of his Maruti car repaired and paid a sum of Rs. 9,000/- to M/s. Sonu Motors. He has not given the bill and receipt, etc. and, therefore, he could not make the claim with the Insurance Company. THErefore, he has suffered a loss of Rs. 9,000/-.
The opposite party filed written statement and alleged that it has repaired the vehicle and has got a sum of Rs. 9,000/-. He has also issued a bill. It is further alleged that the complainant wanted the bill showing the repairs of the body. The opposite party refused because the body was never repaired.
The learned Forum after taking the evidence of the parties held that the case of the complainant is false and, therefore, dismissed the complaint with cost of Rs. 500/- against the complainant. Being aggrieved by this order the present appeal has been filed.
3. WE have heard the learned Counsel for the parties and gone through the records. In stead of filing the complaint before the learned Forum against the repair, the complainant should have filed the complaint against the Insurance Company claiming therein the cost of repair, if he was legally entitled to that. It was argued that he could not file the complaint without the bill, etc. Therein in the complaint Sonu Motors might have been made a party and the bills, etc might have been summoned. Sonu Motors might have filed written statement and should have admitted or denied the facts but this being not a consumer dispute, the complaint did not lie before the learned Forum.
According to the complainant there were no repairs in engine. The opposite party did not repair the engine and he has given the bill by fraud. It is specifically alleged that due to fraud and misrepresentation the bill was not given to him in time and this caused physical, mental and financial difficulties to the complainant. Fraud, misrepresentation, etc. cannot be decided in consumer proceedings. The dispute between the parties is whether engine required repairs, whether there was any repair in body, whether the complainant wanted bill of repair of body without any reduction, whether there was any fraud or misrepresentation on the part of the opposite party? This act could not have been decided without elaborate evidence and inquiry. Even otherwise there are several rulings that fraud and misrepresentation cannot be decided by Consumer Forums. Even in para 9 of the affidavit dated 27.6.2000, the complainant has specifically alleged ("Hindi Matter omitted") In para 6 of this affidavit, it is alleged that the bills have been fraudulently repaired. In para 2 of this affidavit, it is written that the complainant has not signed the bill and the signature which is shown to have been made by the complainant is "Farji" and false. Thus elaborate evidence is also to be taken whether there are signatures of the complainant on the bill or not? For that Handwriting Expert''s evidence may be required. All these facts cannot be decided here. It is, therefore, the complaint was not maintainable before the learned Forum and has rightly been dismissed by the learned Forum. The complainant is free to file a civil suit before the Court of competent jurisdiction. ORDER The appeal is hereby allowed in this way that the complainant may file a civil suit in the Court of competent jurisdiction for adjudication of his disputes. The finding recorded by the learned Forum and observations as passed by this Commission shall not be read as an expression of opinion on any of the points involved in the complaint or civil suit. The order of payment of cost of Rs. 500/- is also hereby quashed. The complaint remains dismissed with a liberty to the complainant to file a civil suit. Cost of this appeal shall be easy. Appeal allowed.
