SATISH MOTORS Vs. NATIONAL FORUM FOR CONSUMER EDUCATION

JUDGEMENT

(1.) This is an appeal against the common order of District Forum, Akola dated 25.8.93 passed in Complaint Nos.294/92 and 295/92. The aforesaid three complaints were made by various complainants against M/s. Satish Motors, Murtizapur Road alleging deficiency in the matter of sale of two wheelers to them. The complainants had obtained loan from the City Bank, Bombay under a Scheme for purchase of two Wheelers Kinetic Honda, Luna Super Moped and Luna TFR Moped together with interest from the opposite party with interest M/s Satish Motors, Akola is a local dealer in the business of sale of aforesaid, two wheelers. Price of The TFR moped together with interest was fixed at Rs.9576, whereas the price of Kinetic Honda was fixed at the amount of Rs.22176/- and the price of Super Luna model was fixed at Rs.1008/-. Aforesaid amount was payable in 36 equal installments of Rs.616/- monthly, in respect of Kinetic Honda, Rs.266/- for Luna TFR Moped and Rs.278/- for Luna Super Model. It is undisputed that all the complainants paid 35 installments regularly. The 35th install men was paid in January, 92. The last installment was payable in February, 1992. The complainants alleged that opposite party M/s Satish Motors collected from each complainant all installments but failed to remit the amount towards the price of two wheelers. The complainants, therefore, claimed the refund of the amount of the price which was not paid towards the price of the two Wheelers.

(2.) In Complaint No.294, Rs.1000/-, is claimed. In Complaint No.296, Rs.278/is claimed and in Complaint No.296, Rs.266 are claimed. The District Forum found that the opposite party had illegally retained with him the last installment and, therefore, has committed breach of the conditions of purchase as a result of which the complainants have been put to financial loss. The complainants having proved their allegations by the impugned order, the District Forum directed the opposite party to refund the advance money taken from the consumers in the above complaints. The opposite party in further directed to pay interest on the deposited amount of each consumer at the rate of 18% p. a. from 1.3.92 till the actual payment. It is found by the District Forum that the opposite party retained the said amount without any justification and failed to refund it to the complainants.

(3.) We have heard Shri Ranpise, Advocate for the appellant. We do not find that there is any substance in this appeal since the District Forum has reached the finding of facts on the basis of material available before it. Hence, we reject this appeal.