SHAILENDRA SINGH Vs. KRIPA ENTERPRISES

JUDGEMENT

(1.) - This appeal has been re-listed in the wake of the observation made by the National Commission in Revision Petition No.113 of 1991 'm/s Modern Automobiles V/s. Govind Ram Kajeriwal' decided on the 13th of December, 1991. Therein it was inter alia recorded as follows :-

(2.) As desired the matter has been verified from the record and it would appear that the appellant had indeed also filed a regular appeal against the main decision rendered by the District Forum dated the 13th of September, 1990 and a copy thereof was also subsequently placed by him on the record. That being so we proceeded to decide the case on it's merits.

(3.) The facts lie in a narrow compass. The respondent Shri Gobind Ram Kajeriwal had booked a Maruti 1000 car through their dealers M/s Modern Automobiles, Ambala way back on the 16th of December, 1989 and also deposited a sum of Rs.25,000/- vide draft dated the 12th of December, 1989. Subsequently there was a draw of lots for the said car in which the respondent was admittedly unsuccessful on the 23rd of January, 1990. It would appear that M/s Maruti Udyog Limited forwarded the refund order dated 24th of February, 1990 in favour of the respondent to M/s Modern Automobiles, Ambala for onward transmission to the respondent. It is not in dispute that the appellants later dispatched the said refund order to the respondent on the address given by him (N. C. Jindal Colony, Satrod Khurd, Hisar) in his booking order by a registered letter on the 27th of March, 1990. It is common ground that the said letter was not delivered to the respondent because he was not available at the address afore-mentioned and the Hisar Post Office after verification through their employees returned the same to the appellants. Apparently unaware of the new address of the respondent the appellants retained the refund order in safe custody till the respondent contacted them and the same was delivered over as desired by him to his authorised agent Mr. Arora on the 22nd of May, 1990.