LAWS(NCD)-2005-4-13

MARUTI UDYOG LTD Vs. HARI PRAKASH

Decided On April 15, 2005
MARUTI UDYOG LTD. Appellant
V/S
HARI PRAKASH Respondents

JUDGEMENT

(1.) The present Revision Petition is filed by the Maruti Udyog Ltd. against the order of the State Commission, Rajasthan in Appeal No. 139 of 1995 dated 30.7.2002. The brief facts for the case are as under: Shri Hari Prakash, respondent has booked his order for purchase of a Maruti Car in the year 1986 by depositing Rs. 10,000 as advance payment towards the consideration. According to the respondent the delivery of the car was to be given to him in June 1989 but the same was given to him after about nine months i.e., on 13.3.1990 when the price of Maruti Car had increased by Rs. 15,000. The respondent claimed the difference between the price prevailing on the date and the date of actual delivery of the car. He further alleged that his priority number was unjustly changed by the petitioner and hence he was compelled to pay a sum of Rs. 15,000. In the appeal filed by the complainant/appellant the complainant prayed for refund of Rs. 15,000, Rs. 50,000 towards compensation and Rs. 500 as costs.

(2.) The District Forum, Sri Ganganagar, Rajasthan dismissed the complaint on the ground of suppression of material facts and holding that the vehicle was delivered as per seniority, on the basis of receipt of FDR.

(3.) The State Commission in his order dated 30.7.2002 directed the respondent, Maruti Udyog Ltd. to refund a sum of Rs. 15,000 to the appellant with interest @ 12% p.a. for the period between 1.6.1989 and 15.3.1990.