Disputes regarding oral agreements and alleged breaches may require resolution through a civil court, as they involve terms and conditions that necessitate a civil remedy.

Mr. Justice J.B. Garg, President—Shri Gurcharan Singh Gandhi instituted a complaint alleging that he was a kind of life member and the respondent was required to supply him three journals i.e. Recent Criminal Reports, Recent Revenue Reports and Rent Control Reporter regularly. The District Forum-II, Chandigarh ordered on 3.6.1998 that the complainant should approach the Civil Court. Aggrieved against it, the present appeal has been attempted.

2. Briefly the facts are that Shri Gurcharan Singh Gandhi alleged in the complaint that in September, 1989 Shri Arjan Singh Chawla, proprietor of the respondent concern suggested that he shall be treated as a kind of life member for the three journals provided he deposited a sum of Rs. 5,000/-. In response to this offer the complainant deposited a sum of Rs. 5,000/- on 3.9.1989 by means of a cheque. However, on 24.7.1997 the life membership has been terminated unilaterally. The relief claimed by him is that the aforesaid three journals should be regularly supplied to him without any break. Besides this, he has claimed a sum of Rs. 30,000/- on account of loss suffered by him. The respondent denied the plea of the life membership in toto but admitted having received Rs. 5,000/- and his plea had been that it could be refunded to the complainant at the end of the year.

3. There is no written agreement inter se the parties. The appellant has stressed that the proposition put forward by him in the complaint should be believed to be correct otherwise there was no reason for him to hand over a sum of Rs. 5,000/- to the respondent. At any rate, the agreement itself is disputed and this issue shall require evidence of both the parties. On behalf of the respondent, our attention has been invited to Executive Engineer, Gosikhurd Das Division, Wahi (Pawani) v. Hariganga Cement Ltd., Nagpur, I (1996) CPJ 299 (NC), wherein the National Commission observed that if a dispute relates to breach of a contract of sale of goods on the ground of failure of supply of full quantity agreed it being purely a civil liability, the remedy may be available elsewhere. Besides this M/s. Suraj Steel, Hazaribagh v. R.P. Sharma, II (1991) CPJ 427 (NC)=1994 (1) CON.LT 733 (NC), has also been referred to where the allegations were that the respondent failed to carry out its obligation under a contract for supply of certain quantity of goods at a stipulated rate and that in such circumstances the complainant was required to approach the Civil Court. In the case now in hand, the oral agreement claimed by Shri Gurcharan Singh Gandhi in the complaint has been challenged, its terms and conditions and the alleged breach requires that the complainant should approach the Civil Court. The conclusion is that the appeal fails and is hereby dismissed and parties are left to bear their own costs.

Appeal dismissed.

––