(Passed on 14.06.2016)

Per Mr B A Shaikh, Hon’ble Presiding Member

1.      This is an appeal filed by the original complainant against  the order dtd.30.09.2008, passed by District Consumer Forum, Akola in consumer complaint No.281/07 by which the complaint has been rejected with a liberty to the complainant to approach Civil court or any other appropriate Court for redressal of his grievance in the matter.

2.      The facts in brief giving rise to the present appeal are as under.

          The complainant had entered into an agreement with the opposite party (for short O.P.) and as per that agreement the O.P. was to make construction of the house of the complainant on the plot @ Rs.500/- per sq.ft. of 600 sq.ft. out of total area of the plot. It is alleged by the complainant that he paid Rs.2.93 Lacs in four instalments i.e. Rs.50,000/-, Rs.18,000/- Rs.1.25 Lac and Rs.1.00 Lac to the O.P and the complainant incurred further expenses of Rs.21,000/- for building material. The complainant also alleged that there are various deficiencies and shortcomings in the construction made by the O.P. as specified in detail in the complaint.  It is also alleged by the complainant that the O.P. has not made full construction of the house as per agreement and the construction of the house is of substandard quality and that the O.P. recovered exorbitant amount from him. He, therefore, filed consumer complaint after service of notice dtd.20.11.2007 to the O.P.  In that complaint, he prayed that direction be given to the O.P. to refund excess amount of Rs.83,000/- recovered by the O.P. from him and also refund Rs.21,000/- to him, which he paid for building material to him and also to pay him compensation of Rs.25,000/- for breach of the agreement and Rs.10,000/- for medical expenses i.e. total amount of Rs.1.34 Lac with interest  @ 18% p.a. and cost of complaint amounting to Rs.1,500/-.

3.      The complaint was resisted by the O.P. by filing reply before the Forum.  The O.P. denied allegations made in the complaint about shortcomings & substandard quality of the construction and making of payment of Rs.2.93 Lacs by the complainant to him and expending Rs.21,000/- by the complainant for building material.  He also denied that he recovered excess amount of Rs.83,000/- from the complainant. According to him, the complainant wanted to make excess construction of his house and as per his request excess construction was made.  According to O.P. he received Rs.1.93 Lac only from the complainant. But the complainant by doing forgery in the document, has shown the payment of Rs.1.25 Lac instead of payment of Rs.25,000/- only.  According to the O.P. an amount of Rs.3.00 Lacs was to be paid as per construction made, but only Rs.1.93 Lac have been paid.  He, therefore, requested that the complaint may be dismissed with cost.

4.      The Forum below after hearing both parties passed the impugned order with an observation that the Forum cannot decide the complaint in summary procedure as to whether the entry recorded in the notebook about payment of Rs.1.25 Lac is forged or not. The Forum also cannot decide the issues involved in the complaint.  Therefore, the Forum returned complaint as observed above, to the complainant with direction to file the same before the Civil Court or any other Court.

5.      As observed, the original complainant has filed this appeal. Learned advocates of both parties filed their respective Written Notes of Arguments. None appeared for the final hearing for both the parties an