LEAFIN INDIA LTD Vs. B VENKATESWARA RAO

JUDGEMENT

(1.) Questioning the order of the District Forum, Adilabad in C. D.108/94 whereby it directed the opposite party i. e. Leafin India Ltd. to pay to the complainant a sum of Rs.12,000/- with interest @ 12% p. a. from 23.11.93 till the date of realisation and Rs.3,500/- towards repairs and costs of Rs.200/- the opposite party i. e. Leafin India Ltd, preferred this appeal.

(2.) Briefly stated, the case of the complainant was that the opposite party offered for sale a Bajaj Kawasaki Motorcycle bearing No. A. P-1/ A 1872. The said vehicle was seized by the opposite party from one of its debtors. The complainant contacted the opposite party No.2 and agreed to purchase the motorcycle, for Rs.12,000/- in as is where is condition as the vehicle was not road worthy and paid the said amount on 23.11.93 through Demand Draft for which the opposite party issued a receipt on 26.11.93. But the opposite parties did not hand over the relevant documents of the vehicle such as R. C. book, Insurance policy before taking delivery of the vehicle and said that they would give the same within 15 days. As the opposite parties failed to hand over the relevant documents of the vehicle, the complainant on 11.1.94 addressed a letter to the Senior Manager, Leafin India Ltd. , Hyderabad requesting them to arrange for delivery of the vehicle and papers immediately. A telegram dated 18.1.94 was sent by the opposite parties alongwith a letter to the effect that the Assistant General Manager of opposite parties by name by Mr. Harish would contact personally the complainant. Therefore the complainant took delivery of the vehicle and gave the vehicle to a local mechanic for repairs which cost him Rs.3,500/- and that it requires a further expenditure of Rs.3,000/-. As the opposite parties failed to give the necessary documents, as the complainant had already invested a sum of Rs.15,500/- the complaint was filed to direct the opposite parties to pay Rs.15,500/- with interest to the complainant and take back the delivery of the vehicle and also pay a sum of Rs.5,000/- towards compensation.

(3.) After service of notice, both the opposite parties remained absent.