MODERN AUTOMOBILES Vs. MOHINDER PARTAP

JUDGEMENT

(1.) This appeal is virtually concluded against the appellant by the detailed order of this Commission in M/s Modern Automobiles, G. T. Road, Ambala V/s. Abinashi Lal Narang of Gohana, First Appeal No.257 of 1992, decided on the 21st of September, 1992. It therefore suffices to notice the merits of the case with relative brevity.

(2.) The facts herein are closely analogous to the case aforementioned. Way back on the 26th of June, 1990, the complainant-respondent had booked a Maruti air conditioned silver milk car with the appellants. About four months thereafter by their letter dated the 17th of October, 1990, appellants informed the complainant that the cars booked on the cut off date of the 30th of June, 1990 were to be dispatched from Gurgaon over a period of one month and be delivered to the customers accordingly. Further, the complainant was required to deposit the balance amount of the price of the car forth with. Accordingly, the respondent deposited a sum of Rs.1,06,971/- on the 31st of October, 1990.

(3.) The specific case setup by the complainant was that despite the deposit of the full price the appellants intentionally did not delivers the vehicle within one month's time and according to him, had he not been assured by the appellants about the release of the car within the period, he would not have even chosen to deposit the balance price of the car. Aggrieved by the non delivery, he served a notice on the respondents and it was only thereafter that the car was released to him as late as on the 26th of December, 1990. However, he was then compelled to pay an extra amount of Rs.5,858/- on account of the alleged price hike of the car on or around the third week of December, 1990. According to the complainant, had the appellants delivered the car to him on the date within a month of the payment of its price, he would not have had to pay the rise thereof enhanced late in December, 1990. Consequently, he claimed the relief of a refund of Rs.5,855/- and also interest on the deposited amount of Rs.1,06,970/- with further compensation for harassment etc.