GANGA DATT GUPTA Vs. KEWAL KRISHAN CHHABRA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order of the District Forum No.2 dated 4th August, 92 by which the complaint has been dismissed.

(2.) Briefly the facts of the case are that the complainant entered into an agreement with the respondent to purchase machinery at a total cost of Rs.40,000/- at Delhi. In pursuance of the agreement we gave an advance of Rs.2,500/- to the respondent. The balance amount of Rs.3,750/- was to be paid by him at the time of the delivery of the machinery.

(3.) It is further pleaded that the complainant alongwith a machanic went to the factory of the respondent at Barara to test the machinery. It was found that it was not working properly and that the respondent was unable to rectify the defects. Consequently, it is alleged, that he requested the respondent to refund the amount of Rs.2,500/- paid as advance. The respondent did not refund the amount. He filed a complaint before the District Forum for recovery of the said amount. Respondent did not appear there and was proceeded against ex parte. However, the complaint was dismissed by the Forum. He was come up in appeal against the order of the District Forum to the Commission.