COL S S CHAHAL Vs. MOHAN LAL MAKKAR

JUDGEMENT

(1.) The complaint filed by Col. S. S. Chahal was dismissed by District Forum, Ludhiana on May 28, 1997. Hence this appeal by the complainant.

(2.) The complainant approached opposite party No.1, the dealer of Maruti Car at Ludhiana for the purpose of purchase of Maruti 800 Car. A sum of Rs.1,70,000/- was paid to the opposite party on April 14, 1995 against a receipt. After two days, another sum of Rs.10,000/- was demanded by the opposite party, which was also paid. Since the car was not delivered by August, 1995, the complainant approached the opposite party for refund of the money. As inspite of several requests ,oral as well as in writing having been made, the car was not delivered, the complainant approached the District Forum for the relief. The District Forum without issuing any notice to the opposite part), passed the impugned order that the complainant could not be treated as a consumer as defined under the Consumer Protection Act entitled to move the Fora. In support of the decision, reliance was placed on the decision of the National Commission in Nanu Bhai V/s. Maruti Udyog Limited and Anr., 1996 1 CPJ 91. Some of the judgments were relied upon on behalf of the complainant, which are as under : "chief General Manager, MTNL V/s. Suresh Bhargav, 1995 1 CPJ 61; K. C. Jain Finance Company V/s. Delhi Automobiles,1996 1 CPC 605; AVI Autos V/s. Narinder Pal Kaur, 1996 1 CPC 553, and Bharat Motors V/s. Usha Rani, 1995 1 CPJ 33. "

(3.) Notice of the appeal was given to the respondent, who chose to remain absent. Registered notice sent to the respondent was not received back and after expiry of one month, he was proceeded ex-parte vide order dated October 27,1997. While fixing the next date for arguments, the respondent was further directed to be informed of the date, which the office did. But inspite of that nobody has come forward. We have heard Mr. Sunil Chadha, Advocate for the appellant. During arguments, some assistance was provided by Mr. S. R. Bansal, Advocate, who in some other cases was appearing on behalf of a dealer of motor cars.