Mr. Justice M.A.A. Khan, President—This is complainant’s appeal against the order of dismissal of his Complaint No. 652/1992 dated 23.5.1995 by District Forum, Jaipur-I.

2. The appellant is engaged in the business of exporting precious stone to foreign markets. His case before the Forum was that his overseas buyer in Switzerland had remitted DEM 5092 to him through his banker, Swiss Volks Bank, Bern, Switzerland on 18.9.1991 and although the said amount was received by the Canara Bank in its Foreign Deptt. at Mumbai on 20.9.1991, but the aforesaid amount, after conversion into Indian Currency, could be received by appellant’s Bank - Bank of Baroda, Jaipur on 13.12.1991. The appellants thus alleged deficiency in service on the part of the respondents and claimed Rs. 30,094.00 on account of compensation for mental agony, interest, rotational profits, loss of difference in foreign exchange and expenses. The Forum, however, non-suited him on the ground of appellant’s not being a “consumer” of the services of the respondents for consideration and deficiency in service on the part of the respondents having not proved.

3. We heard the learned Counsel for the parties and perused the mat