ATMARAM S. PARAB CHAPORA vs SIPANI AUTOMOBILE LTD

-THE Complainant had booked with the O.P. No. 1 a car identified as Sipani B 1 diesel manufactured by the O.P. No. 1. O.P. No.2 was the dealer appointed for O.P. No.1

THE complainant states that the price was stipulated as Rs. 1,76,000/- as specified in the brochure. THE complainant states that he had availed of loan facility from O.P. No. 3 for the purchase of vehicle. THE Complainant states that he had booked a car on 25.5.1991 and the O.P. had agreed to deliver the same within 40 days from the date of booking. THE complainant had paid an amount of Rs. 19,000/- on booking and had further paid Rs. 1,37,000/- to the O.P. No. 1 by demand draft drawn on Bank of Baroda. Subsequently, the O.P. No. 1 wrote to the complainant to pay additional amount of Rs. 29,000/- since the price had gone up. THE complainant states that he had paid the total amount of Rs. 1,76,000/- which was the price stipulated as per the brochure. The complainant states that since the O.P. No. 1 was demanding additional amount from the complainant, the complainant requested the O.P. No. 1 vide his letter dated 11.8.1992 to cancel the booking of the vehicle and refund the amount to the complainant. The O.P. No. 1 neither refunded the amount nor sent any reply to the complainant''s letter. The complainant, thereafter issued a legal notice dated 3.4.1993 to the O.Ps. Nos. 1 & 2 calling upon them to refund the amount of Rs. 1,75,000/- along with interest @ 18% p.a. The O.P. No. 1 turned a deaf ear to the notice and hence the complaint. The O.P. No. 1 has opted to remain absent despite service. The O.P. No. 2 has filed its written version on 30.6.93 stating that all the transactions of the complainant were directly with the O.P. No. 1 and that there is no privacy of contract between the complainant and O.P. No. 2.

The complainant has produced the evidence to establish that the complainant has paid the total amount of Rs. 1,76,000/- to the O.P. No. 1. The complainant has also produced on record letter dated 26.8.1992 informing the complainant that his car has been ready for despatch since the last 5 months but the car was not despatched because the complainant had not paid the delivery charges and the vehicle amount paid was short by Rs. 29,000/-.

WRITTEN version has been filed by the O.P. No. 2. We have heard the Advocate Shri N.S. Shinde for the complainant and Advocate Smt. Shanta Amonkar for O.P. No. 2. The com-plainant as filed his affidavit and has produced on record letter dated 11.6.1993 from the O.P. No. 1 to the O.P. No. 3 wherein the O.P. No. 1 has admitted that the refund would be made within 30 to 45 days. We are convinced that the complainant has made the payment of Rs. 1,76,000/- to the O.P. No. l and that the O.P. No. 1 has. not delivered the vehicle to the complainant. We are also convinced that no privacy of contract has been established between the complainant and the O.P. No. 2 since the booking payment was made directly to O.P. No. 1 and subsequently Demand Draft was also issued to O.P. No. 1 directly by the complainant. Admittedly, the complainant has borrowed money from the O.P. No. 3 and is repaying the same.

IN the above circumstances, we direct the O.P. No. 1 to refund the complainant the amount of Rs. 1,76,000/- within one month from the date of communication of this order with interest at 18% from 18.2.1992 to the date of full and final payment failing which the complain-ant shall be entitled to recovery from the O.P. No. 1 to the above detailed amount with 18% compound interest. Complaint allowed.