KAMAL & COMPANY Vs. HIMANSHU SHARMA & ANR.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 14.9.2015 of the State Commission, Rajasthan, Jaipur passed in First Appeal No.966/2012.

(2.) Brief facts of the case are that respondent no.1/complainant filed a complaint before the District Forum II, Jaipur alleging that he had booked Tata Safari vehicle with petitioner herein by paying Rs.50,000/-. The vehicle was purchased on loan which was being arranged by respondent no.2, Tata Motors Finance Ltd. It is the case of the complainant that he paid Rs.2.5 lakhs and the vehicle was delivered to the respondent no.1/complainant. However, the loan was not sanctioned by respondent no.2 as the age of respondent no.1 was only 20 years and respondent no.2 was supposed to give the loan only at the age of 21 years and more. Later on, the complainant has alleged that after some time the vehicle was re-possessed by the OP in the month of May, 2008. The respondent no.1/complainant filed a complaint before the District Forum. The complaint was resisted by the OPs. The District Forum after considering the submissions and material on record, allowed the complaint vide order dated 21.6.2012 as under:

(3.) Aggrieved by the order of the District Forum, the petitioner herein preferred an Appeal bearing no.966/2012 before the State Commission. The State Commission modified the order of the District Forum vide its order dated 14.9.2015 as follows:-