JIWAN LAL MARKEN vs RAJIV MOTORS PVT. LTD.

SHORT question arising in the appeal directed against the impugned order dated 15.3.1996 passed by the District Forum is whether a sum of Rs. 22,700/- towards excise duty was refunded to the respondent or not as this amount was charged by the respondent from the appellant towards the price of Ambassador Delux Diesel car.

THE car in question was booked by the appellant on 26.2.1993 by paying full price. Respondent assured the delivery of the car within two days. However, the car was delivered only on 5.3.1993 and by that time the price of the car had come down by Rs. 22,700/- on account of reduction in the excise duty. The price of the vehicle is applicable on the date of delivery. In the instant case, the excise duty of the aforesaid amount was reduced by the Government, the appellant was entitled for refund of the said amount, by not refunding the said amount and claiming the concession from the Government the respondent has indulged in unfair trade practice.

In the result, the appeal is allowed. The impugned order is set aside with the direction to the respondent to refund an amount of Rs. 22,700/- to the appellant within 15 days.

THE appeal is disposed of in aforesaid terms. THE FDR, if any deposited by the appellant be returned forthwith. A copy of this order as per statutory requirements be forwarded to the parties free of costs and also the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.