MONTO MOTORS LIMITED Vs. SAI MOTORS & ANR

JUDGEMENT

(1.) FOR the sake of convenience the parties in this Order are referred to according to their position in the complaint filed before the District Forum.

(2.) THIS appeal is by opposite party No. 1 (for short, "O.P. 1") challenging the order of the District Forum allowing the complaint of the complainant in part.

(3.) THE case of the complainant before the District Forum was that he being an employed person wanted to start his own business to earn his livelihood. The complainant having been attracted by a publication in the Newspaper approached O.P. 1 for appointment as dealer of O.P. 1 at Bellary for Sales and Service of Cosmo range of Motorcycles, Avanthi brand Moped, Fun Bikes and spare parts, etc. Accordingly, the complainant was appointd as an authorized Dealer of O.P. 1 on 17.9.2002. Pursuant to the appointment, the complainant deposited a Security Deposit of Rs. 2,00,000 with O.P. No. 1. Thereafter, the complainant opened "Cosmo Blaster Sales and Showroom" at Infantry Road, Sanjay Gandhi Nagar, Bellary. O.P. No. 2 being authorized distributor in Karnataka supplied 24 vehicles to the complainant. As per the terms and conditions of the contract, the complainant has cleared all the dues payable to O.P. 2 but O.P. 2 has not given him the Sales Commission and Discount as agreed to and also has not supplied the required stocks, required spare parts, kits, etc., and, consequently, he has suffered substantial loss. Therefore, the complainant filed complaint before the District Forum for a direction to O.P. 2 to refund Rs. 2,00,000 towards the security deposit with interest at 18% per annum, Rs. 4,500 towards special discount, Rs. 10,000 towards advertising expenses and Rs. 50,000 towards mental agony.