VIPUL AUTO SERVICES Vs. VISHAL MAHENDRU

JUDGEMENT

(1.) A very short question is involved in the appeal whether the appellant M/s. Vipul Auto Services, has played unfair trade practice upon the complainant Vishal Mahendru. Admittedly, the complainant had obtained loan from the bank to the tune of Rs. 95,000 which was paid to the appellant directly by the bank on 7.1.1999. This was for purchase of vehicle known as Sitara Diesel Auto Rickshaw. It is agreed between the parties that on the day of delivery the vehicle handed over to the complainant goes by the name of Sitara Loader. This vehicle was costing more than the cost of Sitara Diesel Auto Rickshaw and consequently an additional amount of Rs. 27,275 was paid by the complainant to the appellant. He obtained possession of the vehicle namely Sitara Loader.

(2.) It is stated that the said transaction was dubious because the complainant was forced illegally to opt for a vehicle different from the one which was booked. It was further alleged that the vehicle supplied was defective in engine as well as in the body. It is said that the complainant consulted some mechanic who said that that vehicle handed over to the complainant was second hand and old and was having defects. It is again said that a detailed legal notice was served on the appellant M/s. Vipul Auto Services by the complainant claiming money back and also compensation since there was no reply, Complaint No. 557/99 was filed before District Consumer Forum, Gorakhpur.

(3.) By the judgment and order dated 26.8.2002, the District Forum has directed return of Rs. 1,22,275 with 18% interest from 2.1.1999 upto date provided the loader was to be returned by the complainant to the appellant.