CHITTAR PAL SINGH Vs. ATAM PRAKASH

JUDGEMENT

(1.) Chittar Pal Singh alongwith his mother, wife and two children came to see Gemini Circus on 24.4.93 at 7.00 pm in Sector 17, Chandigarh and parked his Premier Padmani Motor Car No. CHE-1650 with respondents No. 1 & 2 who were contractors for the parking, paid a sum of Rs. 5/- as charges for the car parking and token No. 2764 was delivered to him. After the completion of the circus show when he came out, the motor car was found missing. It has been alleged that it was a breach of contract by respondent No. 1 & 2 and the Estate Officer respondent No. 3. He has claimed a sum of Rs. 75,000/- as damages because the motor car was air conditioned and also possessed stereo system. Besides this a sum of Rs. 1,00,000 /- has been claimed as compensation on account of tension and sufferings.

(2.) The respondent No. 1 filed a reply wherein it was averred that the complainant was not owner of the motor car in question. Besides this the fact of parking at the stand in question was also denied. The payment of Rs. 5/- as consideration for parking and issuance of token No. 2764 was also denied. It has also been averred that the respondent was only charging Rs. 2/- and not Rs. 5/- for parking of a motor car.

(3.) The respondent No. 3 filed a reply wherein it has been averred that this contractor was authorised to charge Rs. 2/- per motor car for its parking. The terms of contract between the respondent No. 1 on one hand and No. 3 are contained in annexure P-4.