MAHINDRA AND MAHINDRA LTD Vs. RAJ MOT

JUDGEMENT

(1.) The present appellant M/s. Mahindra and Mahindra Ltd. ; is the manufacturer of Jeep Commander which was sold to the complainant the respondent No.2 by M/s. Raj Motors the dealer. It has not been disputed that the dealer M/s. Raj Motors sold the Jeep for the price of Rs.1,58,177/- and the full amount have been paid to M/s. Raj Motors by a draft dated 27.6.91. According to the complainant, the dealer had promised to deliver Jeep Car within 2 months, since full price had been recovered by the dealer. M/s. Raj Motors and had given bill as well as receipt in his own name.

(2.) At the time of delivery of the said vehicle the Raj Motors recovered Rs.23,343/- as an additional amount from the complainant which the complainant had to pay in order to get delivery of the vehicle. The bill is also produced on record which shows that the Raj Motors has recovered Rs.1,81,590/- that is to say excess amount of Rs.23,342/-. Having received the vehicle the complainant has given a notice to the General Manager of Mahindra and Mahindra Limited by the Regd. A. D. post complaining that the dealer has recovered Rs.23,342/- more and demanded die refund of said amount. There is no reply given by the appellant on record.

(3.) The appellant thereafter filed a complaint to the District Forum both against the dealer as well as the appellant manufacturers.