AALLANZ AUTOMOBILES Vs. M K JAIN

JUDGEMENT

(1.) The appellant is a Maruti dealer. The respondent purchased a Maruti Zen LXI MPFI Car with Stereo system and Central Locking from the appellant on payment of Rs.3,75,000/- by way of two receipts, one dated 10.10.2002 for Rs.1,75,000/- and another dated 25.10.2002 for Rs.2,00,000/-. In spite of having received payment of Rs.3,75,000/- the appellant issued invoice bearing No.21216 for Rs.3,62,830.50 towards the price of the car. The respondent alleged that the appellant had offered to give discount of Rs, 9,000/- in the price of the car, free comprehensive insurance for one year, registration and road tax, etc. and accessories worth Rs.5,000/-. The appellant denied having given such a promise.

(2.) Vide impugned order dated 2.8.2004 the appellant has been ordered to refund Rs.12,179.30 with 9% interest from the date of payment which he had received over and above the actual price of the car.

(3.) We do not find any infirmity in the impugned order as the District Forum has not directed to refund the discount amount of Rs.9,000/-, the amount of free comprehensive insurance for one year and also amount of registration and road tax and accessories worth Rs.5,000/-. This is common experience that the dealers of the car do promise some discount when there either is fall in the sale of the cars or there is competition or to promise the sale. However, even if we accept the contention of the Counsel for the appellant that the appellant did not promise to provide aforesaid discount and free comprehensive insurance for one year, registration and road tax etc and accessories worth Rs.5,000/-, still the fact remains that the appellant had received excess amount Rs.12,179.30 from the respondent and it was not for nothing.