Full Judgment Text
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PETITIONER:
PROPRIETOR, M/S. JABALPUR TRACTORS
Vs.
RESPONDENT:
SEDMAL JAINARAIN & ANR.
DATE OF JUDGMENT30/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (4) 107 JT 1995 (8) 155
1995 SCALE (6)256
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
With regard to the claim for Garage charges, C.S.No.
49-B/1990 on the file of the IIIrd Additional Judge to the
Court of District Judge, Jabalpur is pending disposal. The
State Consumer Forum had also noticed it in paragraph 26 of
its order and concluded that the amount claimed by M/s.
Jabalpur Tractors as Garage charges is Rs. 18,000/- and this
cannot be considered as the matter is already pending and is
sub judice before the competent Civil Court. The Consumer
Protection Act is not in derogation of any other law. In
that view of the matter, the National Consumer Disputers
Redressal Commission, in the impugned order, was not
justified in directing to hand over possession of the car to
the respondent.
The appeal is accordingly allowed and the order of the
National Forum in First Appeal No. 239/1991 dated February
18, 1993 in so far as the Garage charges are concerned is
set aside. No costs.