Mr. Justice G.G. Loney, President— This is an appeal against the order of the District Forum, Panaji dated 28.2.1992 passed in complaint No. 58 of 91. The complaint was lodged by the complainant Mahesh Raikar alleging that Rs. 1,500/- were accepted from him by M/s. Wheel Magnets towards the booking of the Motorcycle. The complainant alleged that the opposite party demanded from him the entire amount of the motorcycle before the delivery which he refused as a result of which the complainant was not provided with the Motorcycle as per the order. The complaint was dismissed by the District Forum on an earlier occasion but an order was set aside by this Commission since the parties were not properly informed. After a fresh inquiry by the District Forum, the complaint again has been dismissed on the ground that the complainant is not entitled to compensation as no exact date of the delivery was mentioned by the complainant.

2. We have heard Shri Mahesh Raikar and Shri S.D. Lotlikar, Adv. for the respondent. The complaint has been dismissed on the ground that there was no fixed date for delivery. In our view dismissal of the complaint in irrelevant situation is not justified. We gath