NAVIN KUMAR SINGHAI vs SIPANI AUTOMOBILES LTD.

XTHIS appeal is directed against the order dated 21.2.2000 passed in Case No. 451/99 by the District Consumer Disputes Redressal Forum, Bhopal (for short the ''District Forum'') whereby the complaint was dismissed holding that the appellant has not proved the payment of the booking amount of Rs. 10,000/- at Bhopal.

LEARNED Counsel for the appellant took us to the averments made in the complaint wherein it is clearly stated that the Bank Draft purchased in the name of respondent from the Punjab National Bank was delivered to the authorised dealer at Bhopal for delivery of the car of which original receipt was given by the authorised dealer who in turn sent the draft to the respondent. The car was to be delivered at Bhopal. Neither the car was delivered nor the booking amount was returned, therefore, the District Forum had territorial jurisdiction to entertain the complaint. Mr. Mohan Chouksey, learned Counsel for the respondent supported the order.

After hearing learned Counsel for the parties, we find a force in the contention raised by the learned Counsel for the appellant that the draft purchased of the Punjab National Bank in the name of the respondent was delivered to the authorised dealer at Bhopal for booking of Montana Car, therefore, the cause of action arose within the territorial jurisdiction of the District Forum at Bhopal.

IN view of the, above, the order of the District Forum is set aside and the case is sent back to the District Forum for deciding the complaint on merits within a period of 90 days from the date of appearance of the parties which is fixed as 23.2.2001 of which no notice shall be issued to the parties as they have been noticed here through their Counsel. Accordingly, the appeal is allowed with no order as to costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum. Appeal allowed.