Heard learned counsel for petitioner, on admission. Petitioner having exhausted all remedy for redressal of his grievance for refund of Rs. 5,00,000/- and getting unsuccessful, even then, has took recourse to consumer grievance redressal agency. Succinctly put, factual backgrounds are that petitioner was an intending purchaser of a sick industry from respondent who provides financial services. An agreement was executed between parties and amount of Rs. 22,00,000/- was fixed as sale price of sick unit. Though petitioner eventually paid Rs. 5,00,000/- against the sale price of unit, possession of sick unit was not delivered to them. Even refund of Rs. 5,00,000/- which was in deposit with respondent was not made. This followed a series of litigation launched by petitioner as, though civil suit filed was dismissed as withdrawn, appeal too before Hon’ble High Court filed against aforesaid order did not bear desired result as that too was dismissed. Writ petition thereafter was filed before Hon’ble Allahabad High Court which too was dismissed as withdrawn. Another Writ Petition thereafter came to be filed before Hon’ble Rajasthan High Court when a direction was given to petitioner to approach Civil Court in view of relief sought, for recovery of amount or for enforcing performance of contract. Though appeal was filed before Division Bench of Hon’ble High Court against aforesaid decision of Single Bench, that too was dismissed. Petitioner as such, having exhausted all means, filed a consumer complaint with District Forum and District Forum, having noticed long journey of petitioner through various channels, finding no merit, dismissed complaint. Appeal too was dismissed by State Commission, both on merit and also for belated filing of appeal. Revision too, before National Commission, was filed by petitioner after delay of about 576 days and reasons assigned for condonation of delay in their application were that copy of order dated 17.03.2008 of State Commission was lost and it was only after fresh copy was obtained on 24.03.2009 that action was taken for filing of revision. Also that considerable time was lost to identify lawyer for filing revision petition by him and translation of document too took some time. Least said is better for the reasons assigned for condonation of delay which was by no cannon of law can be said to be sufficient. Revision petition merits dismissal on this count alone. But as we have noticed, even on merit too, petitioner has not a good plank to stand. Consumer fora is not meant for hopping the other forum. Now petitioner wants liberty to permit them to seek their remedy relegating the matter to civil court. Since such direction in view of nature of relief sought was issued by Hon’ble High Court of Rajasthan in the Writ Petition, which the petitioner failed to follow, we need not issue direction afresh. There being no merit, revision petition in the circumstances, is dismissed, with no order as to cost.
......................JB.N.P. SINGHPRESIDING MEMBER ......................S.K. NAIKMEMBER | |