ANAND MOTOR AGENCIES PVT LTD Vs. SWETA KAURA

JUDGEMENT

(1.) THIS is an appeal filed by the opposite party in case No. 8/S.C./89 on the file of the State Commission. Uttar Pradesh Challenging the legality and correctness of the Order dated 30th April, 1990 passed by the State Commission directing the Opposite Party to pay a total amount of Rs. 3,100.00 to the complainant.

(2.) THE appellant M/s. Anand Motor Agencies (Pvt.) Ltd., Lucknow, is an authorised dealer of M/s. Maruti Udyog Limited for sale and supply of Maruti cars in the city of Lucknow. The complainant who is a minor (represented by her maternal uncle-Dr. N.N. Shukla) had registered with the appellant for the purchase of a Maruti car and had made the necessary initial deposits. At the time of registration the complainant had given an address at Faizabad as her address to be recorded in the appellant's register. She had expressed a preference for a car with cream/white colour and had accordingly been registered for the supply and delivery of a vehicle with that colour.

(3.) ON a consideration of the material produced before it, the State Commission held that the complainant had totally failed to prove her case that the opposite party had collected from her by way of price of the car any amount in excess of what was legitimately payable by her. It was pointed out by the State Commission that the manufacturer of the vehicles, who had to make supplies of vehicles to the dealer (appellant) had not been even impleaded as a party to the petition and there was no material at all to show that the vehicle of the particular colour was available with the dealer on any date prior to that on which the increase in price became effective. The claim of the complainant for recovery of Rs. 10,000.00 on the ground that it represented excess price unfairly collected from her by the opposite party was accordingly rejected by the State Commission. On the question as to whether the levy of garrage rent was justifies, the State Commission answered it in favour of the complainant and held that the complainant was entitled to a refund of Rs. 600.00 collected by way of garrage charges.