TERENCE CORREYA Vs. MARUTI UDYOG LIMITED

JUDGEMENT

(1.) Complainant-terence Correya by this complaint under Sec.17 of the Consumer Protection Act, 1986 (for short the "cp Act") claims refund of this amount Rs.4,00,000/- allegedly deposited with the respondents for purchase of a diesel "zen" car, with interest @ 18% p. a. , besides Rs.1,00,000/- as general damages, from the latters.

(2.) Respondent No.1-Maruti Udyog Limited (for short "mul") is a public limited company manufacturing various models of Maruti cars. Respondent No.2, M/s. Ras Motors Pvt. Ltd. at the relevant time, was dealer of respondent No.1 at Gwalior.

(3.) The facts as unfolded by the evidentiary material on record and which could not be controverted or challenged by any party are these : complainant on 17.11.1997 booked a Zen Maruti car and deposited with respondent No.2-dealer a sum of Rs.3,15,679.72 by way of a demand draft (vide Annexure A/2) drawn on Vijaya Bank in favour of MUL. Total price of car as indicated in the invoice vide Annexure D/1 was Rs.3,40,207.85 as against which the aforesaid amount was paid and the remaining amount of Rs.24,528.13 subject to price variation, if any, was to be paid at the time of delivery of the car. The demand draft though deposited with respondent No.2 was transmitted to respondent No.1 by the former and the amount thereof was credited duly in the account of respondent No.1 with State Bank of Travancore, Delhi, vide certificate Annexure D/4. Admittedly, no car was delivered to the complainant either by the dealer-R/2 or the manufacturer-R/1. It appears that MUL has terminated dealership of respondent No.2 since January 1999.