R MOHAN Vs. BRANCH MANAGER ACT INDIA LTD

JUDGEMENT

(1.) The complainant appeals.

(2.) The case of the complainant is that he ordered spare parts viz., the body of an ambassador car for being used in his taxi which suffered an accident. For that purpose an order was placed on 9.8.1996 on which date he paid Rs. 20,000/-. It is stated by the complainant that the opposite party orally represented that the delivery will be made within two days. But the delivery was made only on 20.9.1996. Furthermore at the time of booking the article the price was quoted at Rs. 56,000/- whereas the complainant had to pay Rs. 67,745/- while taking delivery of the article on account of rise in the price. Aggrieved by those facts the complainant approached the District Forum praying for the following reliefs -

(3.) The opposite parties stated that the District Forum had no jurisdiction since the article was purchased for commercial purpose and further added that it was made clear in the quotation itself that the price quoted would be valid only for a period of 15 days and that no undertaking has been made as regard the date of delivery.