K CHANDRASEKARAN Vs. STANES MOT

JUDGEMENT

(1.) This is an appeal by the Complainant.

(2.) The essential facts are admitted by the parties and they are as follows:- A proforma invoice was issued to the complainant and he paid full value of the car as per the Proforma Invoice. He was delivered the car on 28.2.90 with a temporary registration which is valid for one month. The complainant paid an additional amount of Rs. 5,203/- as the increase in price. He also received an excise duty concession of Rs. 5,600/as Taxi Driver. The Tamil Nadu Govt., issued an ordinance with effect from 20.2.90 as per which the complainant has to pay an entry tax of Rs. 22,372/-. The case of the complainant is that he had to pay that entry tax on account of the delay in the delivery of the car. His further case is that persons who have registered for the car after him have been delivered the car much earlier. Aggrieved in this manner he approached the District Forum with the following prayers:-

(3.) The case of the Opposite Party is that even though cars were available much earlier, the complainant could not be supplied with one because he was entitled to excise duty exemption and, therefore, only a car earmarked for such concession has to be delivered to him and that the Opposite Party had to wait for the arrival of such a car. The District Forum by order dated 23.8.93 accepted the plea of the Opposite Party and dismissed the complaint.