RAMSHANKAR SHUKLA Vs. VISHAL MOTOR PROPRIETOR

JUDGEMENT

(1.) THIS appeal is directed against order dated 18.5.10, passed by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called "District Forum" for short) in complaint case No. 109/06, whereby it has been directed that the complainant appellant will deposit Rs. 92,000 with the respondent within two months and then the respondent will provide sale letter to the complainant in respect of the vehicle sold by it.

(2.) IT is not in dispute that a Tempo Trax OX -35 tractor was sold by the respondent to the complainant/appellant. As per case of the complainant, the vehicle was sold for Rs. 2,45,000 and was delivered at the residence of the complainant and margin money of Rs. 60,000 were deposited by the complainant/appellant to the employees of the complainant/respondent, who provided the tractor. Thereafter, Rs. 40,000 and Rs. 9,900 were further deposited. Subsequently, some other payments were also made and lastly on 19.3.04 remaining cost of the vehicle was deposited, but even then no sale letter was provided by the respondent to the complainant and thus it committed deficiency in service. Therefore, consumer complaint was filed seeking compensation for the same from the respondent.

(3.) OP /respondent in the written version averred that cost of the vehicle was Rs. 2,71,000 and the complainant has deposited in all Rs. 1,85,000 and the remaining amount with interest thereon is payable by the complainant. Total amount to be paid was Rs. 5,28,880 so taking into consideration the amount deposited, still Rs. 3,43,890 is payable by the complainant to the respondent. It has further been averred that the cheques deposited by the complainant to the respondent have not been honoured by the Bank. After receiving remaining amount of cost of the vehicle, sale letter would be provided. Thus, no deficiency in service has been committed by the respondent.