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2022 Supreme(SC) 900

M. R. SHAH, KRISHNA MURARI
Rajiv Shukla – Appellant
Versus
Gold Rush Sales and Services Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Praveen Agrawal, AOR
For the Respondent(s): Mr. Abhinav Ramkrishna, AOR M/s. Karanjawala & Co., AOR

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.01.2016 passed by the National Disputes Redressal Commission, New Delhi (hereinafter referred to as the ‘National Commission’) in Revision Petition No.2082 of 2015 by which the National Commission in exercise of revisional jurisdiction has set aside the concurrent findings recorded by the District Forum as well as the State Commission, the original complainant has preferred the present appeal.

2. That the appellant herein – original complainant purchased a Tata Victa GX TC Car. He deposited the booking amount with the dealer – M/s. Gold Rush Sales and Services Ltd. – respondent no.1 herein against which a receipt was issued. That thereafter the complainant deposited a further sum of Rs.5,30,000/towards purchase amount of the said vehicle. That the booked car was not delivered to the complainant till 26.05.2006. However, the delivery of the car was given to the complainant after a period of one year of deposit of the total amount, which as such was an old one and was of 2005 model and in fact was a used car. It was also having various other defects. That according to the origin


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