HERO HONDA MOTORS LTD Vs. KANNEGOLLA VENKATA VANI

JUDGEMENT

(1.) This appeal is preferred by the first opposite party i. e. , M/s. Hero Honda Motors Ltd. , in CD 309/90 questioning the order of the District Forum, Eluru, whereby it directed the opposite parties i. e. , Hero Honda Motors Ltd. , and also its dealer at Vijayawada to deliver Hero Honda motorcycle after collecting the rate prevailing in January, 1987 and to take refund of Rs.725/- sent by them to the complainant and costs.

(2.) The complainant booked Hero Honda Motor cycle and paid a sum of Rs.500/- to the opposite party No.1 on 28.9.85 and was allotted with Priority No.0000982 and dealer Code No.24104. As the vehicle was not delivered even after a lapse of 2 years, the complainant wrote a letter on 31.1.89 to the opposite party No.1 to cancel the booking of the vehicle and seeking refund of the deposit amount of Rs.500/- with interest. As the amount was not refunded inspite of the demands made by the complainant on 17.6.89,15.12.89 and 20.3.90, she filed CD 59/90 before the District Forum, Eluru seeking refund of the amount from the opposite parties 1 and 2. The first opposite party sent a letter dated 27.7.90 both to the complainant and the President of the District Forum, Eluru stating that as per the records available, the vehicle was already delivered against priority No.982 with dealer Code No.24102 and requested the complainant to withdraw the complaint. Realising have been mistakenly intimated that the vehicle was delivered to the complainant and that in fact the vehicle was delivered to a different dealer with Code No.24102 and priority No.982. The first opposite party addressed a letter on 20.9.90 to the complainant under copy to the District Forum, Eluru stating that they are enclosing the refund order for a sum of Rs.725/- towards the money and interest i. e. , Rs.500/- + 225/- and requested the complainant to withdraw the case. The first opposite party also by registered letter dated 21.9.90 intimated the District Forum that they have already issued a refund order to the complainant vide letter dated 29.9.90 and in view thereof requested the District Forum to drop the proceedings initiated against the company.

(3.) On 9.10.90 the District Forum passed the following order. OP No.2 called absent and set ex-parte. No representation for complainant and called absent. Hence complaint is dismissed.