Per Shri S.R. Khanzode,  Hon’ble Presiding Judicial Member:

Admit.  Heard forthwith with the consent of both the parties.

        This appeal takes an exception to the order dated 22.01.2010 passed in Consumer Complaint No.506//2009, Shivajirao Shrirangrao Shinde V/s. Sanjay Jadhav, by District Consumer Disputes Redressal Forum, Satara, in short ‘Forum below’.

       The consumer complaint pertains to deficiency in service on the part of the Respondent/Original Opposite Party for not completing the construction of the house entrusted to him.  The said complaint stood dismissed and feeling aggrieved thereby Original Complainant preferred this appeal.

       Referring to the impugned order it could be seen that Civil Suit is pending for recovery of the money of the work carried out by the Respondent/Opposite Party, which has nothing to do with the failure to discharge obligationto complete construction vis-a-vis deficiency in service on that count which is the subject matter of this consumer complaint.  Further more, Forum below refused to exercise its jurisdiction on the ground stated in paragraph-8 of the impugned order, saying that since the dispute cannot be settled within the stipulated time in view of the pending Civil Suit, it preferred to dismiss the complaint.  Such reasoning is untenable in law.  It is alleged case of deficiency in service and Forum below refusing to exercise its jurisdiction erroneously dismissed the consumer complaint.  We hold accordingly and pass the following order:

O  R  D  E  R

     (i)       Appeal is allowed.

    (ii)       Consumer Complaint No.507/2009 is set aside and is remitted back to Forum below in the light of the observations made above.

  (iii)       Forum below shall give proper opportunity of  hearing to both the parties and then settle the matter according to law.

  (iv)       Both parties shall appear before the Forum below on 11/10/2010.