ANNAMALAI BUS TRANSPORT LTD Vs. K S SOMASUNDARAN

JUDGEMENT

(1.) The appeal arises out of the Order of the District Consumer Disputes Redressal Forum, Madras, dated 29.1.92 in O. P.419/91. The opposite parties are the appellants.

(2.) On 12.11.90 the complainant booked a new Maruti Car with the first opposite party which is the authorized dealer of the second opposite party, manufacturer and paid the full price of Rs.1,11,184.95 on that day by means of a Demand Draft. He was assured that the car would be delivered within 2 to 2-1/2 months. But is was actually delivered only on 17.7.91. The first opposite party claimed and received an additional sum of Rs.16,282.26 being the difference in the cost of the vehicle as on the date of the delivery. The complainant therefore claims that he is not liable to pay the increase in price, demands refund of the said sure of Rs.16,282.26 and compensation in the sum of Rs.10,000/-.

(3.) The opposite parties contended that the delivery of the vehicle is only in accordance with turn basis as per the priority and there is no firm commitment in respect of the date of delivery. It is also contended that the price of the vehicle is the price prevailing as on the date of the delivery as per contract and the first opposite party has therefore claimed the contractual amount and there is therefore no deficiency of service.