HERO HONDA MOTORS LTD Vs. K B MURLEEDHARAN

JUDGEMENT

(1.) THE present Petitioner M/s. Hero Honda Motors Ltd. had appointed Respondent No. 2 M/s. Texco Motors Pvt. Ltd. as their Dealer at Calicut. Present Respondent No. 1 Shri Muraleedharan who is the Complainant in the Original Petition filed before the District Forum at Kozhikode, had booked a Hero Honda Motor Cycle manufactured by the present Petitioner, with the above dealer on 4th October, 1990 and paid Rs. 22,065/-. The vehicle was not delivered to the complainant upto the date of filing of the complaint. He came across a notice appearing in the Mathurbhumi dated 4-3-1991 that the dealership of the Dealer had been cancelled by the Manufacturer w.e.f. 21st February, 1991. Thereupon he filed the complaint before the District Forum for refund of the deposited amount with interest. The Dealer did not file his version before the District Forum. M/s. Hero Honda Motors Ltd. filed their say stating that on 19th October, 1990 they released a notice in the Mathurbhumi warning the customers not to pay any advance to the above Dealer. They, therefore, prayed that they cannot be made liable for the Complainant's claim.

(2.) THE District Forum came to the opinion that as the Hero Honda Motor Cycle had been booked and its price had been paid to the Dealer before the termination of the dealership agreement, therefore both the parties were liable to refund the amount to the Complainant with interest. Accordingly, the District Forum directed the Opposite Parties i.e. Texco Motors (P) Ltd. and M/s. Hero Honda Motors Ltd. to refund to the Complainant within one month a sum of Rs. 22,065/- with interest thereon at 18% per annum from 4th October, 1990 till payment. The District Forum passed the above order on 23rd March, 1992.

(3.) STILL not being satisfied M/s. Hero Honda Motors Ltd. have filed this appeal.