BRISH BHAN AGARWAL Vs. SANJAY KUMAR TRIPATHI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 9.5.2000 passed by District Consumer Forum, Sonbhadra in Complaint Case No.318/ 1996.

(2.) The facts of the case stated in brief are that the complainant was an unemployed person. Hence he contacted the proprietor of M/s. Agarwal Stone Products (P) Limited. There was an agreement between them of 9.4.1993 for purchase of a dumper No. UAN 9560 for a sum of Rs.2,50,000/-. A sum of Rs.38,000/- was given in cash in presence of the witnesses and the rest of the amount was to be paid from the income of the dumper when it was to be on road. An agreement to this effect was there in writing. Previously this was a truck and later on it was converted into a dumper which was sold by the opposite party to the complainant.

(3.) After the purchase of the dumper, it was put on service on rent with the opposite party/appellant. Whenever the complainant asked about the accounts, he was told that the entire amount has been spent in maintenance. The complainant thereafter paid a sum of Rs.1,50,000/- on 30.4.1993, Rs.12,000/- on 15.5.1993, Rs.25,000/- on 29.8.1994, and lastly a sum of Rs.25,000/- in December, 1995. In this way the entire amount was satisfied. The appellant/ opposite party has not transferred the vehicle in favour of the complainant even after payment of the entire amount. The amount which was earned out of dumper was shown in maintenance. It is further alleged that a sum of Rs.500/- per day must have been earned from the use of dumper. It is directed that till the vehicle is transferred in the name of the complainant, interest at the rate of 24% per annum be awarded to him on the total amount of Rs.2,50,000/-.