B DAMODHARAN Vs. UNION COMPANY MOTORS PVT LTD

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The Complainant wanted to purchase a standard 20 Diesel vehicle to enable him forself-employment. The 2nd opposite party is the manufacturer of the vehicle and the first opposite party is the dealer. The Complainant was encouraged by the 1st Opposite party to purchase the diesel vehicle on Hire Purchase System. The Complainant entered into a Hire Purchase Agreement with M/s. Madan Finances and paid Rs.1,36,843/- to the 2nd Opposite Party. The vehicle was agreed to be delivered on or before 10-2-1989. But till this day, neither the vehicle has been delivered nor the amount refunded. Hence this complaint for directing delivery of a Standard 20 Diesel Van and a compensation in the sum of Rs.6,00,000/-.

(3.) The First Opposite Party in its counter contended that the complaint and placed the order with the 2nd Opposite Party and paid the money to the 2nd Opposite Party. The 1st Opposite Party has nothing to do with the transaction except being the dealer and is not liable to the Complainant. There is no contract whatsoever between the Complainant and the 1st Opposite Party.