ANUJ BANSAL Vs. BHARDWAJ CREATIONS

JUDGEMENT

(1.) BEING aggrieved by order dated 14.5.2012 passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission') petitioner has filed this revision petition.

(2.) BRIEF facts are that respondent/complainant agreed to purchase a computerized machine for embroidery from the petitioner/opposite party on 9.2.2009 for a sum of Rs. 5,75,000/ - and had paid earnest money of Rs.50,000/ - on 9.2.2009 and Rs.Two lacs on 17/18.2.2009. It is alleged that machinery was to be delivered upto 25.2.2009. However, the machinery was not delivered by the petitioner, despite several visits of the respondent. It is also alleged that advance money of Rs.2,50,000/ - has also not been refunded to the respondent. Further, respondent got issued a legal notice on 22.5.2009, but no reply has been given by the petitioner.Thus, it amounts to deficiency in service on the part of the petitioner. Accordingly, respondent sought refund of Rs.2,50,000/ - along with interest, compensation and litigation expenses.

(3.) PETITIONER was duly served but it did not appear, as such he was proceeded ex parte, vide order dated 7.10.2009 passed by District Consumer Disputes Redressal Forum, Jhajjar (for short, 'District Forum'). District Forum, vide order dated 29.1.2010, allowed the complaint and ordered that;