TIDDARAM Vs. JAMINDARA AUTOS PVT LTD

JUDGEMENT

(1.) Heard the parties. Tidda Ram complainant had purchased a mini truck from M/s. Jamindara Autos Pvt. Ltd. for Rs.4,81,633/-. He later on complained to the D. F. that the seller had charged an excess amount of Rs.83,000/- from him in respect of the sale consideration of the said property. After examining the price list, as was in force on the relevant date, the D. F. concluded that M/s. Jamindara Autos Pvt. Ltd. had charged the price of the vehicle in excess of the price prevalent at the time of transaction. The D. F. , therefore, held that since for the recovery of the excess price charged by M/s. Jamindara Autos Pvt. Ltd. from Shri Tidda Ram the dispute was being enquired into by the Civil Court, it would not examine the complaint in that behalf. However, the D. F. held that the seller had rendered deficient services to the purchaser and accordingly awarded a compensation of Rs.7,000/- to Shri Tidda Ram for mental agony and Rs.500/- as cost of litigation. Shri Tidda Ram preferred his appeal for enhancement of the aforesaid amount of Rs.7,000/-. M/s. Jamindara Autos Pvt. Ltd. , on the other hand, challenged his very liability to pay any amount to the purchaser for compensation and cost.

(2.) It is evident that the matter regarding over-payment was already pending before a Civil Court. The D. F. , therefore, has rightly declined to enter into that controversy. On the basis of the facts of the case and the evidence brought in its record, the D. F. could have been in a position to declare as to whether the seller had rendered deficient services to the purchaser. Since there was substance in the complaint of Shri Tidda Ram regarding charging price of the vehicle in excess to that which was prevalent on the date of transaction, the D. F. had rightly held that the seller had rendered deficient services to the purchaser. That being so we find no force in sellers' appeal.

(3.) Insofar as Shri Tidda Ram's appeal is concerned we are of the opinion that the award of Rs.7,000/- as compensation for mental agony and Rs.500/- as cost of litigation was just and proper in the facts and circumstances of the case. In the result both the appeals are dismissed with cost on parties.