KAPIL SOOD Vs. FIELD GUNS FACTORY & OTHERS

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 22.11.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby his complaint, under Section 12 of the consumer Protection Act, 1986, which he filed against the respondents, has been ordered to be returned, with the finding that the Forum at Shimla does not have the territorial jurisdiction to entertain and adjudicate the same.

(2.) Admitted facts are that appellant applied for a revolver to respondent No.1, in the year 2002. An offer was made to him, on 8th April, 2003, to deposit a sum of Rs.53,880/ -, by way of draft, in case he was interested for the allotment of a revolver. Appellant sent a draft for the aforesaid amount of money. He, thereafter, received a letter in December, 2003, to collect the gun from Ordinance Factory at Kanpur. Appellant, according to him, was ill and because of that reason, he could not go to Kanpur and wrote a letter on 07.03.2004 to respondent No.1, to arrange the delivery of revolver at Chandigarh factory.

(3.) On 24.01.2006, appellant was informed by respondent No.1 that he could collect the revolver from Ordinance Cable Factory at Chandigarh. Then an issue arose between respondent No.1 and the Chandigarh Factory, impleaded as opposite party No.3/respondent No.3, with regard to the liability for payment of sale tax, which had already been charged from the appellant, by inclusion in the price. On 21.06.2009, appellant received a letter that the price of revolver stood revised from June, 2009 and that on account of revision of price, he was to pay an additional amount of Rs.16,836/ -, in case he was interested in purchase of the revolver. Appellant was aggrieved by this demand. He sent a legal notice to the respondents pleading that since the process for sale and purchase of revolver had already completed and the revolver was not delivered to him, because of some dispute between the Kanpur Factory and Chandigarh Factory, about the sale tax, he was entitled to get the revolver at the pre -revised rate.