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Vasantlal Jethalal Parikh - Appellant
Versus
Swastik Engineering Works - Respondent
Decided On : 02/09/1994
Appeal No. 159 of 1993 In Original Complaint No. 19/91
Advocates Appeared :
R.P. Patel,P.J. Patel

Headnote:Consumer Protection Act, 1986 - Sections 2 & 14 - Milcent Domestic Flour Mill found defective - Opponent made full amount on return of it-Complaint claiming damages for harassment - Rightly dismissed by District Forum as complainant was not a consumer on the date of Complaint.

       Result: Appeal dismissed.

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 and received full consideration. If the complainant is claiming any damages for inconvenience, mental harassment etc., he can file a civil suit. Once he has ceased to be a consumer, consumer Fora cannot grant any relief.

We, therefore, do not find any error committed by the District Forum.

ORDER

The appeal is dismissed. The decision of the District Forum is confirmed. In the circumstances there will be no order as to costs.

Appeal dismissed.

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