IND AUTO LTD Vs. KRAIPAK ABDUL WAHID

JUDGEMENT

(1.) Com-plainants Kraipak Abdul Wahid and his wife Ms. Zaibunisa of Chandigarh booked a Fiat Uno Car with the respondents in the month of February, 1996 and deposited booking amount of Rs.21,000/- by raising loan from Standard Chartered Bank. The complainant was allotted Priority No.3409. On receipt of the confirmation from the respondent regarding maturity for delivery of Fiat Uno Car, the complainant deposited Rs.3,47,268.93 P. with respondent No.3 Amardeep Automobiles, Chandigarh but the delivery was not given to him. The District Forum-II has ordered the refund of the full cost of the Car and compensation of Rs.10,000/- to the complainant from both the respondents. Aggrieved against the order passed by the District Forum the present appeal has been preferred.

(2.) Briefly the complainant/respondent Nos.1 and 2 booked a Fiat Uno Car with the respondent No.3 and appellant in the month of February, 1996 and deposited booking amount of Rs.21,000/- by raising loan from Standard Chartered Bank. The respondent No.3 is an authorised dealer of Premier Automobiles Ltd. vide letter dated 2.3.1998. The complainant/respondent Nos.1 and 2 was allotted Priority No.3409 by the appellant. The appellant informed the complainant/respondent Nos.1 and 2 vide letter No.00030 dated 31.1.1998 that booking has matured and asked the complainant/respondent Nos.1 and 2 to complete certain formalities for delivery of the vehicle. The details of the letter are reproduced as under : "under Certificate of Posting mr. Kraipak Abdul Wahid priority No. : 06/03049 kothi No.1222 Sector 44b, control No. : 284252 chandigarh. Intimation No. : 00030 160047 date : 31.1.1998 dear Applicant, sub : Your Booking of Fiat UNO we are pleased to intimate you that your booking for Fiat UNO car is now matured. The city for delivery of car, as chosen by you in the Application Form is : Chandigarh which is currently served by the following Dealer (s) : amardeep Automobiles 32, Industrial Area, phase -I, chandigarh - 160022 tel. : 653577, 658443 fax : 0172-652096 fiat UNO is Now Available with Factory Fitted A/c and Attractive Metallic Colours. Please get in touch with any of above Dealer/s along with the Receipt-cum-Priority Card duly discharged, for completing the necessary formalities related to delivery of the car. Delay in contacting the dealer for making the payment and completing other formalities for taking delivery of the car may affect your priority for delivery as also availability of colour of your choice. Thanking you, very truly yours, for The Premier Automobiles Ltd. Sd/-Authorised Signatory. " the complainant/respondent Nos.1 and 2 raised a loan of Rs.2,70,000/- with interest @ 15.77% per annum from Jammu and Kashmir Bank, Chandigarh and deposited the total price of the Car, i. e. Rs.3,26,268.93 Ps. with respondent No.3, thus a total sum of Rs.3,47,268.93 Ps. stood paid to the respondent No.3. The respondent No.3 assured the complainant/respondent Nos.1 and 2 that the car will be delivered by 15.3.1998 but delivery did not mature. The complainant/respondent Nos.1 and 2 wrote number of letters to the respondent No.3 for the early delivery of the car but all was in vain. Finally respondent No.3 confirmed that the car will either be delivered on 25.7.1998 or the money deposited by the complainant will be refunded. A copy of the said letter is annexed as Annexure C-8 and reproduced as under : "we confirm that the delivery of your car will be positively given by 25th July, 1998 or refund of your money so desired by you. " The respondent No.3 wrote another letter dated 20.7.1998 to the complainant/respondent Nos.1 and 2 that the car will now be delivered after two weeks time but despite of his assurance, the vehicle was not supplied. The complainant/respondent Nos.1 and 2 wrote number of letters and made number of visits to the premises of respondent No.3 but no tangible results were forthcoming. The complainant/respondent Nos.1 and 2 has averred that there is serious deficiency in service on the part of the appellant/respondent No.3 and he suffered a great mental harassment on this account.

(3.) The respondent No.3 was served in the District Forum-I as well as in the State Commission but never put in appearance on the dates of hearing in both the Courts, hence proceeded ex-parte. The complainant/respondent Nos.1 and 2 has brought on record a duly sworn affidavit in which he has confirmed that the respondent No.3 issued a cheque for Rs.3,52,254/- dated 15.2.1999 on account of the refund of the price of the car and the interest thereon but the said cheque stood dishonoured for want of fund and a complaint under Sec.138 of the Negotiable Instruments Act is pending in the Civil Courts at Chandigarh.