ORDER

1. Leave granted.

2. The appellant filed a complaint on 21.5.1994 before the District Consumer Disputes Redressal Forum, Ambala alleging deficiency of service by use of sub-standard material by the respondent, with whom an order had been placed by him for fabricating of three doors and six windows doors etc. The appellant sought suitable compensation from the respondent. The respondent filed a written statement on 2.8.1994 denying the allegations and resisting the complaint. After evidence was led by the parties, the District Consumer Forum dismissed the complaint on 16.11.1995. The appellant thereupon took the matter in appeal to the State Consumer Disputes Redressal Commission. The learned Commission did not go into the merits of the appeal but non-suited the appellant and dismissed his appeal with the following observations on 14.10.1996.

"As the matter is now sub judice before the civil court and the appellant will have an opportunity to file a counter-claim with regard to the inferior quality of the material, we do not find it necessary to go into the merits of the appeal. As the parties will get full opportunity before the civil court and the matter will be decided on meri