SURENDRA KUMAR JAIN Vs. HERO HONDA MOTORS LTD

JUDGEMENT

(1.) This appeal has been filed by the complainant against the order of the District Forum, Jaipur dated 13.5.1992 whereby his Complaint Case No.859/90 was dismissed.

(2.) It may be mentioned that the respondents remained absent despite notice. However respondent No.1 sent a reply to the appeal by post. We have, therefore, heard the appellant and have perused the record.

(3.) The complainant-appellant had booked two Hero Honda Motor Cycles and he was assigned priority numbers 3101 and 3497. The complaint was filed by him with respect to the motor cycle booked by him to which priority number 3101 had been assigned. So far as the motor cycle booked under priority number 3497 was concerned, the complainant had already obtained refund of the amount deposited by him in that respect. The complainant's case was that no intimation about the allotment of motor cycle booked under priority number 3101 was given to him. When he came to know that motor cycles are being supplied to other persons whose priority numbers were subsequent to the complainant, he contacted respondent No.2 and asked for supply of motor cycle at a price which was in force when the allotment of motor cycle had become due. It has been stated that respondent No.2 told to the complainant that motor cycle can be given at then prevalent price for which the complainant was not prepared. The complainant therefore filed the complaint praying that the opposite parties-respondents be directed to supply motor cycle to him as against his booking number 3101 at the price which was in force when his priority became due.