BAJAJ AUTO LIMITED Vs. HARISH CHANDRA TRIVEDI

JUDGEMENT

(1.) This is an appeal against the order dated 2.11.1998 passed by District Forum, Kanpur Nagar in Complaint Case No.106/92.

(2.) The facts of the case, in brief, are as under : that Sri Harish Chandra Trivedi while being posted in Gorakhpur in 1983 had booked a Bajaj Super Scooter with M/s. Subhash Tractors, Gol Ghar, Gorakhpur. He deposited a sum of Rs.500/- towards the booking of scooter. At the time of booking of scooter, contract was entered into between the two parties according to which it was provided that when the turn comes for delivery, the same can be effected at any place. In 1987, the complainant retired from service and shifted to his permanent residence at Kanpur. The fact of his permanent address at Kanpur was also given in the Booking form which he had deposited with Subhash Tractors, Gorakhpur. The complainant, therefore, asked for delivery of the scooter at Kanpur but the appellant M/s. Bajaj Auto Limited refused delivery at Kanpur and instead directed to take delivery of scooter from Subhash Tractors, Gol Ghar, Gorakhpur where the booking had taken place. The complainant, therefore, asked for refund of Rs.500/-. as registration fee alongwith 24% interest and other damages like cost of complaint and mental tension etc.

(3.) The District Forum ordered that the complainant be given original amount of Rs : 500/- alongwith interest @ 12% and compensation of Rs.1,000/-.