H.K.B.KHATTAR vs ALFA AUTOMOBILES

THIS appeal has been filed by the complainant against the order of the District Forum, Jodhpur dated 1.12.92 dismissing his complaint.

COMPLAINANT''s case was that he has deposited a sum of Rs. 10,000/- as booking advance with M/s. Alfa Automobiles, Jaipur on 9.10.86 for purchase of a Maruti Standard Car. Serial number 1101-2159 was allotted to the complainant. It was alleged that M/s. Alfa Automobiles delivered vehicles out of serial numbers deliberately to give benefit and undue advantage the persons below the complainant. M/s. Alfa Automobiles has intimated to the complainant by letter, dated 17.7.89 that the vehicle was shortly due for delivery and the payment should be made by 31.7.89. Since the complainant was posted at Jodhpur he sent a letter to the Regional Manager, Maruti Udyog Ltd., New Delhi for delivery of car at Jodhpur. The Regional Manager informed the complainant by letter dated 28.7.89 to contact the authorised dealer at Jodhpur for delivery of car. The complainant deposited the full amount of the car with M/s. Navneet Motors, Jodhpur on 11.8.89. However, the price of the car was increased by M/s. Maniti Udyog Ltd. w.e.f. 18.8.89 by Rs. 7,532.02 including sales-tax. The car was delivered to the complainant on 24.8.89 at the enhanced price by M/s. Navneet Motors, Jodhpur. The complainant alleged that M/s. Alfa Automobiles was solely responsible for allotting cars out of turn to the persons below the priority number of the complainant and on account of the delay in delivery of the car the complainant had to pay the amount of Rs. 7,532.02 more as price of the car. The complainant prayed for the refund of the said amount and a compensation of Rs. 10,000/-. The District Forum held that the complainant had been charged the price of the car which was enhanced on 18.8.89. It was not expected by the complainant that the car was available for delivery to the complainant on the date he had deposited the price of the car. Reference has also made to the note in the letter of the Alfa Automobiles that the price quoted was subject to change without notice and the prices, taxes, duties and other levies applicable at the time of invoicing, shall be charged. As the complainant had been charged at the price which was applicable at the time of delivery, it was held that the complainant was not entitled to any relief. The District Forum, therefore, dismissed the complaint. Aggrieved by this order, the complainant has filed this appeal.

It may be observed that appearance was put on behalf of the appellant on 16.4.94 and 6.1.95 but none appeared on behalf of the appellant on the subsequent dates.

WE have, therefore, heard the Counsel for respondent No. 3 M/s. Maruti Udyog Ltd. and have perused the record. It is an admitted fact that the booking of the car was made by the complainant with M/s. Alfa Automobiles, Jaipur by depositing an amount of Rs. 10,000/- and allotment number 2159 was assigned to the complainant. M/s. Alfa Automobiles has sent a letter on 17.7.89 to the complainant informing him that his Maruti car was shortly due for delivery and the complainant was requested to deposit the price amount latest by 30.7.89. In this letter the total price of the car Ex-show room was mentioned as Rs. 97,893/- including the sales tax. The amount of Rs. 10,000 / -deposited by the complainant as booking deposit was deducted and after adding registration and road tax and comprehensive insurance amount, the complainant was required to deposit an amount of Rs. 93,589/-. It was mentioned in the letter that the price quoted was subject to change without notice and the prices, taxes, duties and other levies applicable at the time of invoicing shall be charged. It is also clear that although booking was made with M/s. Alfa Automobiles, Jaipur, but later on the complainant sent a letter dated 24.7.89 to Maruti Udyog Ltd. requesting the delivery of the car may be made at Jodhpur. In reply to this letter M/s. Maruti Udyog Ltd. sent a letter dated 28.7.89 to the complainant directing him to contact the deliver dealer at Jodhpur with original allotment card, original receipt of the booking advance and proof of the local residence. It appears that thereafter the complainant deposited two amounts of Rs. 50,000/- and Rs. 36,000/- with M/s. Navneet Motors, Jodhpur. The car appears to have been delivered to the complainant on 24.8.89. By that date the price of the car had been increased by Maruti Udyog Ltd. w.e.f. 18.8.89, on account of increase in the price on inputs. The complainant did not adduce any evidence to show that the Maruti car was available with the dealer M/s. Navneet Motors, Jodhpur prior to the date on which increase in the price became effective. In the absence of that evidence, it is not possible to hold that M/s. Navneet Motors, Jodhpur deliberately delayed in the delivery of the car in order to charge higher price from the complainant. Reference may be made to the decision of the National Commission in M/s. Anand Motor Agencies Pvt. Ltd. v. Sweta Kaura, II (1992) CPJ 432 (NC). In that case also the complainant had booked a Maruti car after making the initial deposit of Rs. 10,000/-. No material was placed to show that car was available with the dealer prior to the date on which increase in the price became effective. In the circumstances, the National Commission held that award of compensation to the complainant on account of delay in delivery of car was not justified. As already stated, in the instant case the complainant had made the booking with M/s. Alfa Automobiles, Jaipur. Later on he himself applied for arranging delivery at Jodhpur and upon receipt of the letter of Maruti Udyog Ltd. dated 28.7.89, he deposited a total amount of Rs. 86,000/- on 11.8.89. Even in the complaint, the complainant has not alleged that on 11.8.89 Maruti Standard car was available with M/s. Navneet Motors, Jodhpur for delivery to the complainant and that the delivery was deliberately withheld by the dealer at Jodhpur. In such circumstances, the complainant was not entitled to the refund of any amount realised from him in consequence of the increase in the price of the car before the date of delivery. The District Forum rightly dismissed the complaint.

THIS appeal has no merit in it and it is hereby dismissed. Appeal dismissed.