MAHINDER SINGH Vs. PASCOS

JUDGEMENT

(1.) The above mentioned two appeals are directed against separate orders of District Forum-A, Tis Hazari Courts, Delhi, both dated 3.3.1998 passed in Complaint Cases No.91/98 and 92/98 - entitled Sh. Mahinder Singh V/s. Pascos and Another, and Sh. Raju V/s. Pascos and Another, respectively.

(2.) Since common questions of fact and law are involved in both the above mentioned appeals and are directed against the same respondents, with the consent of the parties, the above mentioned appeals have been heard together and are being disposed of by this common order.

(3.) Briefly stated, the facts of both the above mentioned appeals are that the appellants had filed separate complaints under Sec.12 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") with the grievance that the appellants had purchased chassis of new truck through the respondents and had deposited an amount of Rs.4,84,078/- with the respondents on 12.2.1996 against receipt. The respondents had assured the delivery of the vehicle within 6 to 7 days and had also assured that the amount deposited by the appellants was against the full and final payment of the chassis so booked. However, despite repeated requests and visits the chassis booked by the appellants was not delivered till 14.6.1996. Furthermore, despite the full price of the chassis having already been paid the respondents demanded further sum of Rs.17,172/-. Thus the grievance of the appellants before the District Forum was two-fold, one that the delivery of the chassis had been made after considerable delay and secondly that the respondents had charged Rs.5,01,250/- for the chassis instead of agreed price of Rs.4,84,078/- and as such had prayed for the refund of the excess amount of Rs.1,71,762/- paid by the appellants to the respondents together with interest. The appellants had also prayed for interest on the amount Rs.4,84,078/- deposited by them on 12.2.1996 @ 24% together with compensation of Rs.1 lac.