B.DAMODHARAN vs UNION COMPANY (MOTORS) PVT. LTD.

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE Complainant wanted to purchase a standard 20 Diesel vehicle to enable him forself-employment. THE 2nd opposite party is the manufacturer of the vehicle and the first opposite party is the dealer. THE Complainant was encouraged by the 1st Opposite party to purchase the diesel vehicle on Hire Purchase System. THE Complainant entered into a Hire Purchase Agreement with M/s. Madan Finances and paid Rs. 1,36,843/- to the 2nd Opposite Party. THE vehicle was agreed to be delivered on or before 10-2-1989. But till this day, neither the vehicle has been delivered nor the amount refunded. Hence this complaint for directing delivery of a Standard 20 Diesel Van and a compensation in the sum of Rs. 6,00,000/-. The First Opposite Party in its counter contended that the complaint and placed the order with the 2nd Opposite Party and paid the money to the 2nd Opposite Party. The 1st Opposite Party has nothing to do with the transaction except being the dealer and is not liable to the Complainant. There is no contract whatsoever between the Complainant and the 1st Opposite Party.

As already stated, the 2nd Opposite Party remained absent and set exparte.

THE Complainant has filed exhibits A.1 to A.9 and proof affidavits of the Complainant has also been filed. It is clear that the Complainant has placed an order with the 2nd Opposite Party for the supply of a standard 20 Diesel Van and paid a sum of Rs. 1,36,843/- but the vehicle has not yet been delivered nor the amount has been refunded. The 2nd Opposite Party is liable for the said amount. It is bound to repay the same with interest at 18% per annum and also pay compensation to the Complainant which is fix at Rs. 25,000/-.

THE claim as against the 1st Opposite Party must fail. THE Complainant has not paid any amount to the 1st opposite party. He has not hired the services of the 1st opposite party. THE claim therefore fails as against the 1st Opposite Party. In the result, we order as follows : (a) The 2nd Opposite Party shall pay to the Complainant the sum of Rs. 1,36,843/- with interest thereon at 18% per annum from 28-1-1989 till repayment. (b) The 2nd Opposite Party shall also pay to the Complainant compensation in the sum of Rs. 25,000/-. (c) The 2nd Opposite Party shall also pay to the Complainant costs of Rs. 2,000/ (d) The Complaint fails and is dismissed as against 1st Opposite Party but without costs.

Complaint allowed with costs.