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Judgment
IT is a complainant's appeal against order dated 14 September, 1992 of District Forum, Moradabad in complaint case No. 101 of 1991. The complaint was dismissed on the ground that the complainant was not a consumer within the meaning of Section 2(d) read with Section 12 of the Consumer Protection Act, 1986.
NO one is present for either party but since the appeal is an old one, we have looked into it ourselves. The case of the complainant before the District Forum was that he had advanced a sum of Rs. 1,000/to the respondent for purchase of an electronic typewriter after booking an order for the purpose. The price of the type-writer was quoted at Rs. 19/950/- but the type-writer was not supplied to him in spite of repeated requests and his willingness to pay the remaining price. The amount of Rs. 1,000/- accepted as advance was also not refunded by the respondent. Hence the need for filing the complaint.
A perusal of the order of the District Forum shows that according to it the complainant could not be treated to be a consumer entitled to maintain a complaint until he had actually obtained possession of the typewriter and the sale transaction was thus complete. This view, we are afraid, is not correct. A perusal of Section 12 of the Act shows that a complaint in respect of any goods can be filed by a consumer to whom such goods are sold or delivered or agreed to be sold or delivered (Emphasis supplied by us). On the facts given out in the complaint it is clear that the typewriter was agreed to be sold or delivered to the complainant. As such he could maintain the complaint that could not be thrown out on the ground that it was not maintainable. It is quite another matter that on merits the complainant is not able to establish his case before the District Forum on the basis of evidence or circumstances.
SINCE the order passed by the District Forum is patently erroneous in law, we set it aside. The appeal is allowed as aforesaid but parties are left to bear their own costs.
LET copies of this order be made available to the parties as per rules. Appeal allowed.