J R MIDHA Vs. PREMIER AUTOMOBILES LTD

JUDGEMENT

(1.) An aggrieved applicant, Shri Sunil J. R. Midha of Delhi (applicant in brief) filed a composite application under Sec.36b (a) and 36a of the Monopolies and Restrictive Trade Practices Act, 1969 (the Act in brief) alleging indulgence of the Premier Automobiles Ltd. , Bombay (respondent in brief) into unfair trade practices and seeking compensation for the loss suffered by him. The notice of the said application was issued under Sec.12b of the Act to the respondent returnable on 8.10.1998.

(2.) The facts of the case as contained in the composite application are enumerated below :

(3.) The applicant booked 'uno' Car from the Premier Automobiles Ltd. , Mumbai through its agent - M/s. Vivek Automobiles Ltd. , Delhi vide Application Form No.390908 dated 15.2.1996. At the time of booking, the complainant/applicant availed a loan of Rs.20,160/- from M/s. Dabur Finance Ltd. , vide DFL Loan No.4197. In all, he deposited Rs.21,000/- towards the booking. The respondent allotted Priority No.09/007690 vide its receipt-cum-priority card, which is on record of the case. However, upon allotment of the priority number, the complainant/applicant repaid the entire loan as aforesaid to M/s. Dabur Finance Ltd. , vide D. D. No.56067 for which Receipt No.541 dated 18.5.1996 was issued by M/s. Dabur Finance Ltd. As per the second option i. e. , "refund of Advance on Cancellation of Booking" ticked by the complainant/applicant, he was entitled to cancel the booking. The applicant after about 1 year 8 months requested the respondent to cancel his booking vide his application dated 1.10.1997 by enclosing receipt-cum-priority card stamped and duly signed and also enclosing the receipt of repayment of loan to M/s. Dabur Finance Ltd. The complainant also placed on record the A/d card duly stamped and signed bearing date 20.10.1997 by the respondent in token of the receipt of the aforesaid application of the complainant for cancellation of the booking. Till date, the respondent has not refunded the booking amount of Rs.21,000/- alongwith interest and is illegally withholding the same. Left with no other alternative, the applicant approached this Commission vide his aforesaid application seeking compensation for the loss suffered.