KANCHAN KUMARI RAIJADA Vs. SIPANI AUTOMOBILES LTD

JUDGEMENT

(1.) The Complainant had booked a Montana Car manufactured by Opposite Party No.1 M/s Sipani Automobiles Ltd. and deposited Rs.10,000/- as the booking advance. On 9.6.1989 the Car was booked through the Opposite Party No.2 M/s Chaudhary Tractor Agencies, Bhopal the dealer appointed by Opposite Party No.1.

(2.) 10.11.90 the Opposite Party No.1 informed the complainant that the price of the car has been raised to Rs.1,95,000/- from the original price of Rs.1,02,000/- and if, the complainant desires to continue the booking she should send an additional amount of Rs.10,000/-. The complainant opted for discontinuance of the booking and on 7.2.91 wrote to the Opposite Party No.1 to refund the amount of Rs.10,000/- with interest. All the formalities in this respect were completed by the complainant. On 21.3.91 the Opposite Party No.1 again wrote to the complainant that the efficiency of the car has been enhanced and now the car is available on Rs.1,90,000/-. However, if the complainant did not want the car, the Opposite Party No.2 the dealer at Bhopal was being advised to refund the amount.

(3.) On 27.5.91 the complainant again wrote that she did not want the car and money be refunded. On 8.7.91, a telegram was sent to the Company and a confirmation letter of the telegram was also sent. In response on 17th July, 1991 the Opposite Party no.1 wrote to the complainant that action for refund of amount of Rs.11,400/- inclusive of interest upto 30th June, 1991 was being taken but the complainant was advised to purchase the car and get the sum of Rs.11,400/- adjusted towards the price. The complainant again wrote to the Company to refund the amount. The money was demanded from Opposite Party No.2 also, but there was no response. Ultimately, on 17.12.91 the Opposite Party No.2 refused to pay back the amount and misbehaved with the complainant. After having failed to recover back the amount refunded, the complainant has filed this complaint.