Briefly stated, the facts are that the complainant/respondent placed an order for purchase of a Maruti Swift Car with the petitioner and paid in advance a sum of Rs.50,000/- in cash.  Later on, the respondent got sanctioned loan of Rs.5,35,178/- for purchase of the said car and Banker’s Cheque dated 22.2.2008 in the aforesaid

-2-

amount was got prepared in favour of the petitioner and handed over to it.  The said amount was got deposited by the petitioner in its account.  As the petitioner failed to deliver the car, respondent filed a complaint before the District Forum. 

          Before the District Forum, petitioner took the stand that one of its employees, Sh. Phanni Chowdhary had misused the petitioner’s trust and committed a fraud.  The District Forum after appreciating the pleadings as well as the evidence produced before it allowed the complaint.

          Aggrieved against the order passed by the District Forum, petitioner preferred an appeal before the State Commission which has been dismissed by the impugned order.

          We agree with the view taken by the foras below.  Admittedly, respondent had paid a sum of Rs.50,000/- in cash to the petitioner for purchase of car while placing the order.  The Banker’s Cheque in the sum of Rs.5,35,178/- was handed over to the petitioner which the petitioner deposited in its account which was encashed.  Respondent

-3-

was not given the car.  The case of the petitioner that the fraud had been committed by its employee can be no defence in such a case.  Petitioner would be responsible for the acts of its employees and shall be vicariously liable for the same.  In view of this, we find no merit in this revision petition.  Dismissed in limine.