Petitioners/complainants paid Rs.1,79,040/- to the respondents for supply of 1492 bags of cement @ Rs.120/- per bag for construction of his house. The bags were not supplied despite repeated requests. Being aggrieved petitioner filed the complaint before the District Forum. District Forum allowed the complaint and directed the respondents to pay Rs.1,79,040/- to the complainants along with interest @ 12% p.a. from 06.12.2000 till realization. Rs.25,000/- were awarded by way of compensation and Rs.3,000/- as costs. -2- Respondents/Opposite parties being aggrieved filed the appeal before the State Commission which set aside the order of the District Forum and dismissed the complaint reserving liberty with the complainants/petitioners to seek redressal of his grievance from the civil court. Petitioners have filed the revision petition. Counsel for the petitioners/complainants contends that in compliance to the order passed by the District Forum, respondents refunded the sum of Rs.1,79,040/- to the petitioner along with interest and, therefore, the State Commission was not justified in dismissing the complaint as not maintainable on the ground that it involved disputed questions of facts requiring taking of elaborate evidence. Counsel for the respondents states that before the decision of the State Commission, the respondent had filed a suit for declaration simpliciter which the respondents got amended and converted it into ‘Suit for declaration and recovery of money’ as money had already been paid to the petitioners. We agree with the contention raised by the counsel for the petitioners that in view of the fact that the petitioners have already recovered the money in pursuance to the order passed to the District Forum, the State Commission erred in allowing the appeal and -3- dismissing the complaint on the ground that the dispute between the parties could not be decided by the consumer fora. For the reasons stated above, we accept this revision petition, set aside the order of the State Commission in dismissing the complaint as not maintainable. Respondents would be at liberty to pursue their remedy in the civil court. This decision will be subject to the decision of the civil court. | 
