E OM PRAKASH Vs. SAKTHI MOT

JUDGEMENT

(1.) This is an appeal preferred by the complainant against the order of dismissal of his complaint on 25.5.1999. It is not necessary to set out the facts in detail since the matter falls in a narrow compass. The complainant booked for the delivery of a Kinetic Honda ZK vehicle black colour. The complainant's case is that he has not been delivered within the time. Ex. A-1 is the receipt for a sum of Rs.10,000/- paid by the complainant to the opposite party on 18.5.1995 for booking one "k. H. Scooter ZX 'black'". But Ex. A-2 shows that he paid another sum of Rs.22,000/- on 29.6.1995 towards the "balance payment of one K. H. Scooter ZX B1 and Grey". The grievance of the complainant is that what was delivered to him was a Kinetic Honda DX model silver grey colour. But a perusal of the records would show that there is no undertaking or agreement to the effect that the vehicle should be delivered within a particular period. When delivery was effected, the complainant had accepted the vehicle. He has not chosen to raise any objection as regards the model or the colour, nor he has insisted upon the return of the amount paid by him stating that what he booked was a different vehicle. Therefore, whatever it be, the complainant had accepted the delivery. According to the opposite party, Kinetic Honda ZX was not available and as it was felt that it may take some time and as the complainant also agreed to take delivery of Kinetic Honda DX model, it was delivered to him. This is probabilised by the fact of acceptance of delivery by the complainant without any murmur. The complainant is not a layman, but he is a Lawyer by profession. Therefore, in the circumstances, it cannot be contended nor can be held that there is any deficiency in service. In the absence of any agreement between the parties to the effect that the delivery should be effected within a particular time and as the delivery has been accepted without any murmur, the complaint has to be rejected as devoid of merits. Therefore, we do not find any error nor any ground to interfere with the order of the District Forum.

(2.) Consequently, this appeal is dismissed with costs of Rs.250/-. Time: 2 months. Appeal dismissed.