MODERN AUTOMOBILES Vs. NEELAM CHAND

JUDGEMENT

(1.) CASE of the complainant before the District Forum was that in order to earn his livelihood he wanted to purchase a Maruti Omni Van (4 seater) for plying the same as a taxi after securing loan from Himachal Gramin Bank, Drubbal, District Mandi. On 24. 12. 1996 the complainant paid an amount of Rs. 1,83,754. 52 as cost of the vehicle through Demand Draft in favour of opposite party No. 1 - Maruti Udyog Limited to the opposite party No. 2 - M/s. Modern Automobiles the dealer. The dealer wrote a letter asking him whether he would like to have the new version of Maruti Omni-E (8 seater) with reduced price of Rs. 1,54,258. 90 which was replied by the complainant stating that he wanted only Maruti Omni Van (4 seater ).

(2.) THE crux of the complaint is that the dealer supplied Maruti Omni -E (8 seater) van to the complainant by removing one full bench consisting of three seats and by omitting the word 'e' in the sale certificate by adopting unfair trade practice. Accordingly, he requested to refund the overcharged amount of Rs. 21,495. 62 with interest at 20% per annum and compensation to the tune of Rs. 10,000.

(3.) THE District Forum held that no expert evidence has been led by the complainant to prove his point that 8 seater Maruti Omni Model was supplied by removing one full bench consisting of three seats and as he was using the vehicle as a taxi, it was for commercial use and he cannot be termed as a consumer. Accordingly, the complaint was dismissed.