KHIVRAJ MOTORS Vs. V CHANDRA BABU

JUDGEMENT

(1.) Both these appeals arise out of the order dated 27th day of May, 1997 in O. P. No.416/96 on the file of the District Consumer Disputes Redressal Forum, Madras-South. The appellant in AP 467/97 and the appellant in AP 531/97 are respectively the opposite parties 1 and 2 while the 1st respondent in both these appeals is the complainant.

(2.) For avoidance of any confusion, we may refer to the original array of parties in these appeals. The 1st opposite party M/s. Khivraj Motors Ltd. , Chennai-6 represented by its Manager, it is said, is the dealer for the sale of ambassador cars manufactured by the 2nd opposite party M/s. Hindustan Motors Ltd. , Excise Division, P. O. Hindmotor, Hoogly District, West Bengal. In January, 1995, the 1st opposite party effected sale of an ambassador car to the complainant one V. Chandra Babu, Choolaimedu, Chennai-94. The said car was used as a taxi and was intended to be used as a taxi. The excise duty rebate, it is said, is provided for cars registered as taxi and the excess rebate refundable is to the tune of Rs.15,881/-. This amount is to be refunded from out of the total cost of the car paid by the complainant.

(3.) The complainant, it is said, approached the opposite parties for the refund of the amount. After several reminders the 1st opposite party informed that a cheque bearing No.491398 drawn on UCO Bank dated 21.2.1995 for a sum of Rs.15,881/- issued by the 2nd opposite party was sent by speed post to the complainant on 8.4.1995. The complainant, it is said, has not received the said cheque and as such the amount liable to be refunded to the complainant remains still due.