MARUTI UDYOG LTD Vs. V M GOEL

JUDGEMENT

(1.) By this order we propose to decide four petitions. In fact there are two sets of revision petitions. Revision Petition Nos. 974 of 2001 and 985 of 2001 are against a common order of the Rajasthan State Consumer Disputes Redressal Commission and have been filed by the manufacturer and dealer of Maruti vehicles. The other set of petition of Revision Petition Nos. 447 of 1997 and 448 of 1997 is by the manufacturer and dealer of Maruti vehicle. Revision Petition No. 974/2001 and 985/2001

(2.) Respondent No. 1-complainant Goel booked a Maruti Standard A.C. Car with M/s. Alfa Automobiles, the dealer of the car, manufactured by Maruti Udyog Ltd. The car was booked on 23.10.1990. At the time of registration Goel paid Rs. 35,000/- as fee for booking. It was on 12.10.1990 that without giving any prior intimation to Goel he was asked to deposit full cost of the car which amounted to Rs. 1,32,889.52. He was required to deposit this amount by 15.12.1990 and in default to face cancellation of the booking. On receipt of the letter Goel went to the show-room of dealer and met its manager, Bhupinder Dutt. He was assured that car would be delivered within 6 to 8 weeks after 15.12.1990. Goel says he did tell Dutt that he will have to get Rs. 1.00 lakh from the Bank at high rate of interest. After getting the assurance Goel says he arranged the money from the market on interest which he deposited with the dealer on 15.12.1990. However, car was not delivered to him as promised and it was delivered only on 11.7.1991. At the time of delivery, however, Goel was asked to pay further sum of Rs. 18,524/- on account of increase in the price of the vehicle.

(3.) Complaining deficiency in service Goel filed complaint before the District Forum. Apart from the claim of Rs. 18,524/-, he claimed some other amounts which presently do not concern us. Both the opposite parties raised preliminary objections questioning the jurisdiction of the Consumer Forum and that there was no delay in the delivery of the car as Goel was told that six to eight weeks' time of delivery was only the expected time and further the car was delivered to Goel as per his seniority. District Forum held that there was deficiency in service and directed the opposite parties to refund to Goel Rs. 18,524/- with interest @ 9% per annum from the date of deposit till payment. Compensation of Rs. 5,000/- was also awarded to Goel for delay in delivery of the car. He was also awarded cost of Rs. 1,000/-.