BHARAT SANCHAR NIGAM LTD. Vs. NARENDRA KUMAR SHARMA

JUDGEMENT

(1.) The present revision petition no.2194 of 2017 has been filed against the judgment dated 19.04.2017 of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Bikaner ('the State Commission') in Appeal no.34 of 2016.

(2.) The brief facts of the case are that the respondent had applied for a shop under the advertisement floated by the petitioner on 12.08.2010. The respondent applied for the same on 08.11.2010. On 30.12.2010 a letter of acceptance was sent by the petitioner to the respondent/ complainant. An agreement was entered on 15.01.2011 between the parties. The complainant deposited the earnest money of Rs.2.00 lakh with the petitioner/ opposite party. On 27.01.2011 a letter was sent by the petitioner/ opposite party to open the shop at the agreed place, however, the complainant did not reply and the petitioner / opposite party vide letter dated 26.05.2011 sent reminder-cum-cancellation notice. After that, the complainant asked for the refund of the earnest money vide letter dated 17.08.2011. As there was no response from the opposite party, a consumer complaint was filed on 27.02.2015 with the District Forum. The petitioner/ opposite party contested the complaint by filing written statement wherein the main contention was that the complainant did not open the shop in the area for which the agreement was done. The District Forum vide its order dated 01.09.2015 allowed the complaint and directed as under:

(3.) Aggrieved by the order of the District Forum, the petitioner preferred an appeal before the State Commission being FA no.34 of 2016. The State Commission vide its order dated 19.04.2017 dismissed the appeal.