WHEELS WORLD vs ASHOK KUMAR GUPTA

ORDER of District Forum, Sangrur dated January 12, 1994 is under challenge in this appeal filed by opposite party M/s. Wheels World, Automobiles, Engineers & Dealers, Ambala Cantt. The order was passed on the complaint of Ashok Kumar Gupta, directing refund of Rs. 10,000/- with 15% per annum interest with effect from June 22,1990 till payment and costs of Rs. 500/-.

ASHOK Kumar Gupta had booked a Montana car by sending Rs. 10,000/- from Sangrur to M/s. Wheels World, Ambala Cantt. The amount was sent through Bank. Subsequently the booking was cancelled and claim was filed for refund. Written statement was filed through post by the opposite party taking up the plea of territorial jurisdiction and denying deficiency in rendering service. It was the complainant who did not want to have the car. Such like matter came before this Commission where the question of territorial jurisdiction of different District Forums was considered and it was held that either by obtaining Bank Draft or deposit of money with the Bank at different places while placing order with the Wheels World, Ambala Cantt., no cause of action much less part thereof accrued at such places that any complaint could be entertained by such Forum. One. of such decisions is "Wheels Worlds v. Ajay Paul Mittal", II (1996) CPJ 189. The decision was based on the decision of the National Commission in "HUDA v. Vipan Kumar Kohli," I (1995) CPJ 235 (NC). For the reasons recorded in the aforesaid case, present appeal deserves to be allowed and order of the District Forum deserves to be set aside. There is an application for condoning delay in filing the appeal on the ground that no certified copy of the order of the District Forum was received by the appellant and that it was from the proceedings under Section 25 of the Consumer Protection Act that when notice was received by the appellant passing of the impugned order came to the notice of the appellant. After obtaining copy, the appeal was filed. After taking into consideration the facts and circumstances stated above, we condone the delay in filing the appeal. For the reasons recorded above, this appeal is allowed. Order of the District Forum is set aside. The complaint is ordered to be returned to the complainant to be filed before the appropriate Forum. Appeal allowed.