KANTA AGENCIES Vs. TEJRAO PUNDLIKRAO CHARKE

JUDGEMENT

(1.) THE present appeal is filed by original opponent No. 1 against the judgment and order dated 27.3.2006 in complaint case No. 27/04 passed by District Consumer Forum, Nanded.

(2.) RESPONDENT /org.complainantRs. s case before the Forum is that, he purchased pick up tempo trax from present appellant for Rs. 3,58,500. It is contended that appellant had given him discount of Rs. 28,000. It is further contended that complainant had taken loan of Rs. 2,70,000 from respondent No. 2. It is contended that present appellant had given advertisement in newspaper Daily Lokmat and had agreed to give one TVS Max two -wheeler if new brand pick tempo trax is purchased. It is contended that respondent made payment of price of vehicle even then present appellant did not give consent for transfer of the vehicle in his name before R.T.O., Nanded and did not provide the TVS Max. Thus he approached the Forum for compensation as he could not bring the vehicle on road.

(3.) PRESENT appellant appeared before the Forum and resisted the claim. It is contended that complainant had not paid amount of Rs. 59,106 out of consideration amount of vehicle. It is contended that cheque of Rs. 59,106 was given by complainant but same was dishonoured. It is further contended that it was agreed between appellant and complainant that the appellant shall pay R.T.O. tax and insurance premium of the vehicle in place of new TVS Max vehicle complainant refused to accept new brand tempo trax. It is contended that as the cheque of Rs. 59,106 was dishonoured and complainant did not pay the said amount, appellant has not registered the vehicle in the name of complainant.