SUNITA NANGIA Vs. ANKIT THAKUR

JUDGEMENT

(1.) APPELLANT is aggrieved of the order dated 14.10.2004 passed by the District Forum, to the limited extent that the excess amount lying with respondent No. 2, M/s. D.D. Motors amounting to Rs. 3,178/ - has not been ordered to be refunded by the District Forum in spite of the fact that the District Forum has held respondent No. 2 guilty for deficiency in service in not providing her insurance policy and making her aware of the terms and conditions of the insurance policy and also not delivering the vehicle of her choice and for not supplying the magazine for one year. Apart from this the appellant has also agitated the grievance that the respondent No. 1 has been let off by the District Forum as it was he who had influenced the appellant in purchasing the vehicle known as Maruti van i.e., Omni assuring that it would give average mileage of 18 km. per litre.

(2.) WE have perused the impugned order and heard the Counsel for the appellant and find that the average shown in the magazine as 18 km. per litre was in the ideal conditions and that too on the Highway. Since the entire amount of the cost of the vehicle and the insurance was received from respondent No. 2 and the insurance was also to be provided by respondent No. 2 and in view of the fact that respondent No. 2 has been held guilty for deficiency in service and has been ordered to pay Rs. 7,000/ - for causing mental agony and harassment we do not feel inclined to interfere with the impugned order except by further directing respondent No. 2 to refund Rs. 3,178/ - which was paid in excess by the appellant.

(3.) THE appeal is disposed of in above terms, FDR, if any deposited by the appellant be returned forthwith after completing necessary formalities.