MAHARIA AUTOMOBILES Vs. SURJA

JUDGEMENT

(1.) This appeal is directed against the somewhat short ex-parte order of the District Forum, Hisar directing the appellants to refund the amount of Rs.8,356/- with interest at @ 18% to the respondent. For the threshold question, whether the ex-parte proceedings were justified, it is not necessary to advert deeply to the merits.

(2.) It suffices to mention that the complainant respondent had preferred the complaint on the allegation that he had purchased one Swaraj tractor from the appellants on the payment of Rs.1,00,256/- way back on the 15th of November, 1988 against a regular receipt for the said amount. Nearly three years thereafter the present complaint dated the 31st of October, 1991 was preferred on the allegations that the dealers price for the said tractor by the manufacturers namely the Punjab Tractors Limited was Rs.91,900/- only and the respondent has, therefore, over-charged to the tune of Rs.8,356/- which was sought to be refunded with interest.

(3.) Notice of the complaint aforesaid was issued to the respondents on their original address at Hisar, but the record does not disclose any service thereof or any report thereon. Since no appearance or reply was filed, another notice was issued for 27th of March, 1992 by post. The same was received back undelivered with the report that the addressee had left the Auto Market. The District Forum on the said somewhat tenuous ground forthwith proceeded against the appellant ex-parte and summarily granted the relief noticed at the out-set.