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Vasantlal Jethalal Parikh – Appellant
Versus
Swastik Engineering Works – Respondent


ORDER(ORAL)

S.A. Shah, President - The appellant is the original complainant who had purchased one Mi1cent Domestic Flour Mill - Mohini A+ model which according to him was defective. The same' has been repaired by the respondent-opponent but did not give the flour as alleged in the specifications mentioned in the broucher. The complainant entered into correspondence and made complaints and ultimately it appears that the opponent-respondent made full payment on return of the Domestic Flour Mill. After getting the full amount, the appellant-complainant has filed a complaint since he has suffered harassment, mental shock etc. etc. The District Forum has dismissed the complaint since the cause of action did not subsist and being aggrieved by the decision, the complainant has filed this appeal.

2. We have heard the learned advocates of both the parties. We do not find any error committed by the District Forum since the complainant has already received the full amount and the domestic flour mill was returned to the opponent-respondent, the cause of action therefore did not survive. On the date when he filed the complaint, he was not a consumer since he had returned the domestic flour mill




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