CHANDRA TOYOTA Vs. M/S. JAIN BUILDERS

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against order dated 27.5.2013 passed by Learned State Commission in Appeal No. 1114 of 2012- Jain Builders Vs. Chandrayan Toyota & Ors.; by which while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Complainant/Respondent booked car on 18.9.2009 with Opposite Party No. 1/Petitioner by depositing Rs. 2.00 lakhs through RTGS and Opposite Party No. 1 issued booking receipt and assured to deliver car manufactured by Opposite Party No. 2/Respondent No. 2 within three months. So far, neither car has been delivered nor refunded the amount and Complainant had to purchase another vehicle. Alleging deficiency on the part of Opposite Parties, Complainant filed complaint before District Forum. Opposite Party No. 1 resisted complaint and submitted that Complainant booked car through his agent-Narender at Jaipur and receipt was given to him. It was, further, submitted that Opposite Party was ready to deliver car after taking remaining amount of car but Complainant neither paid amount nor took delivery of the car. Later on, Narender-Agent of Complainant received cheque dated 23.11.2010 for Rs. 2.00 lakhs from Opposite Party and prayed for dismissal of complaint. Opposite Party No. 2 also supported Opposite Party No. 1. Learned District Forum after hearing both the parties, dismissed complaint for want of jurisdiction.

(3.) Appeal filed by Complainant was allowed by Learned State Commission vide impugned order against which this Revision Petition has been filed.