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G.B.PATTANAIK, K.RAMASWAMY
FAIR AIR ENGINEERS PVT. LTD. – Appellant
Versus
N. K. MODI – Respondent


Counsel for the Parties :
For the Appellants :Mr. R.S. Suri, Advocate.
For the Respondent:Mr. Ranjit Kumar, Ms. Binu Tamta, Mr. Yatish Mohan, Advocates.

JUDGMENT

K. Ramaswamy, J.—Leave granted.

We have heard learned Counsel on both sides.

2. This appeal by special leave arises from the order dated November 13, 1992 of the National Consumer Disputes Redressal Commission, New Delhi (the “Commission”, for short) passed in First Appeal No. 62/1991.

3. The admitted facts are that the appellant had entered into a contract with the respondent to carry out installation of a centrally air-conditioned plant in the residential house of the respondent in New Delhi. Since he has committed breach of the contract, seeking to recover a sum of Rs. 3,75,000/as compensation for alleged deficiency in service on the part of the appellant in carrying out the work of installation of the centrally air-conditioned plant, the respondent laid the complaint before the State Commission which in its order dated October 30, 1990 had stayed the proceedings and relegated the parties to arbitration for seeking the remedy. The appellant carried the matter in appeal. By the impugned order the Commission has held that the proceedings before the Forums created under the Consumer Protection Act, 1986 (Act 68 of 1986) (for short the “Act”) is not a legal proceedings nor is t

















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