MANAGER SUPREME MOT Vs. K SHANTARAM SHANBHOGUE

JUDGEMENT

(1.) This appeal by the Opp. Party is directed against the order dated 16-11-1993 passed by the District Forum, Mangalore in Complaint No. DKDF/ CC/237/92-93 directing the Opp. Party to refund a sum of Rs.9,365.88/- with interest thereon to the complainant.

(2.) The facts, briefly stated, are as follows: the Opp. Party furnished a price list pertaining to a new Diese Matador F 305 pickup van as per Exhibit-C.1. As per this list, the total price of the said pickup van was Rs.1,70,738.03.

(3.) The Opp. Party subsequently wrote a letter on 22-2-1992 as per Exhibit C-2 to the complainant and informed him that there was likelihood of the price increase after the budget and so the complainant were to pay the full price of the vehicle by a Demand Draft and take delivery of the vehicle on or before 26-2-1992, he can take the vehicle at the price of Rs.1,70,738-03. The complainant accordingly sent the full price of the vehicle to the Opp. Party by a Demand Draft on 24-2-1992. But the Opp. Party failed to deliver the vehicle as promised. Instead by a notice dated 14-3-1992 the Opp. Party demanded a higher price of Rs.1,80,103.91 and the complainant was compelled to make payment of this higher price and take delivery of the vehicle on 26-3-1992. The complainant sought refund of the said higher price so collected from him.