SANJEEV THAPAR Vs. KRISHNA AUTOMOBILES

JUDGEMENT

(1.) In this complaint, the main grievance of the complainant Mr. Sanjeev Thapar is that he booked a new Fiat Palio car and deposited the due amount with O. P. No.1 - Krishna Automobiles, Industrial Area, Chandigarh. The Fiat Palio car of Tangerine Mist Colour for which the complainant had given a specific choice, was not available with O. P. No.1 who transferred the matter for delivery of the car of said colour and description to O. P. No.2 - M/s. Sandhu Automobiles Pvt. Ltd. , Ludhiana. The car of Fiat Palio Make of the said colour and description was available at the show room of O. P. No.1 and it was delivered to the complainant who found to his dismay that the car was not a new one but it was an old car which had been delivered to him and in this manner, he has been cheated and fraud committed on him by the O. P. Nos.1 and 2.

(2.) The complainant had approached O. P. No.3 - I. C. I. C. I. Bank, Sector 9, Chandigarh for obtaining a loan for purchasing the said car and the said Bank has also been impleaded as O. P. No.3. The District Transport Authority, Distt. Ludhiana has also been impleaded as O. P. No.4.

(3.) It was, inter alia, alleged in the complaint that a temporary number of the Fiat Palio car was issued being PB-10-AD-temp. /2002/7019 which was effective for one month from 26.6.2002 to 25.7.2002 whereas it ought to have been issued for the period w. e. f.12.7.2002 to 11.8.2002. This date of 12.7.2002 has been taken from Annexure C-2, a letter of thanks issued by O. P. No.1 - Krishna Automobiles and addressed to Shri Sanjeev Thapar. The temporary permit, however, mentions the date at item No.11 as valid for 30 days i. e. from 26.6.2002 to 25.7.2002 and this Temporary Certificate of Registration was issued by O. P. No.2 - M/s. Sandhu Automobiles Pvt. Ltd. The complainant claimed damages of a sum of Rs.5,96,330/- comprising of the costs of vehicle as Rs.3,70,900/-. Rs.6,000/- was claimed as interest for one month from 12.7.2002 to 24.8.2002. A sum of Rs.3,000/- was claimed as documentation charges. Rs.16,430/- were claimed as two instalments @ Rs.8,215/- each. Lastly, a sum of Rs.2,00,000/- were claimed as damages for mental and physical agony and other losses.