JAGBUSAN KUMAR JAIN Vs. GOYAL AUTOMOBILES

JUDGEMENT

(1.) The complainant approached the District Forum with the allegation that he booked an order for supply of Montana Car with the opposite party and deposited a sum of Rs.10,000/-. Lateron the complainant prayed to the opposite party that he does not want to purchase the car and prayed for the return of Rs.10,000/- and also claimed damages from the opposite party.

(2.) We have perused the complaint. On the one hand the complainant placed order for supply of Montana Car with the opposite party but without indicating any reason for not purchasing claimed that the price be returned alongwith interest and damages. The District Forum has dismissed the complaint.

(3.) Aggrieved by the order of the District Forum the complainant has filed an Appeal. From a perusal of the Judgment rendered by the District Forum it appears that the Distt. Forum has taken the view that the complainant is not a consumer within the meaning of the C. P. A. , 1986. This view taken by the District Forum is clearly incorrect. The complainant wanted to purchase goods which was to be supplied by the opposite party on payment of certain price. In the instant case the Complainant does not want to purchase the car and prays for return of money. We accordingly hold that the complainant is a consumer within the meaning of the Act.