RAVINDER RAJ Vs. COMPETENT MOTORS CO PVT LTD

JUDGEMENT

(1.) Two Special Leave Petitions, being SLP(C) Nos. 10364 of 2006 and 9739-9740 of 2009, have been filed against the judgment and order dated 19th July, 2005, passed by the National Consumer Disputes Redressal Commission at New Delhi in Revision Petition No. 1485 of 2005 and the order dated 7th August, 2008 passed by the said Commission in Revision Petition No. 2974 of 2005 filed by the Respondent No. 1, Maruti Udyog Limited and also M.A. No. 599 of 2006 in Revision Petition 1533 of 2005 filed by the Respondent No. 2, namely, Competent Motors Co. Pvt. Ltd., the dealer.

(2.) The Petitioner, Mr. Ravinder Raj, who is appearing in person, applied to Maruti Udyog Ltd. in 1985-1986 for booking a Maruti Car-800 and deposited a sum of Rs. 10,000/- as initial/advance booking payment. On 15th July, 1988, the Respondent No. 2 informed the Petitioner by letter of even date that his Maruti Car Allotment No. 0802-N-04051 had matured for delivery and requested the Petitioner to make payment of the full amount of the price of the car for delivery of the vehicle after completing the necessary formalities. Pursuant to the above letter, the Petitioner on 16th February, 1989, paid a total amount of Rs. 78,351.05 which covered the price of the vehicle, insurance charges and other minor charges, including registration charges. There is no denial that the Petitioner had opted for a cream colour vehicle.

(3.) On 1st March, 1989, there was an increase in the excise duty payable, causing a price hike of about Rs. 6710.61. On 18th March, 1989, the Petitioner received a letter from the Respondent No. 2 to deposit the excess amount payable as excise duty, and, accordingly, the Petitioner did so under protest on 16th February, 1989.