Maruti Udyog Limited vs R.SABARINATHAN NAIR

THE complainant booked a Maruti 800CC Car with the third opposite party on 11.8.94 and remitted the full amount of Rs. 1,74,522.99. THE car was to be delivered within 22.26 weeks from the date of booking. On 24.4.95 the offer of a Maruti Car was made at the rate prevailing then, that is to say Rs. 1,81,268.19. But the complainant insisted that the old rate should be applied and the car was not delivered. Aggrieved by the attitude of the opposite party No. 3 the complainant approached the District Forum on 23.6.95 with the following prayers : (1) To deliver the vehicle immediately without any enhancement in cost; (2) to pay 18% interest on the deposit amout from the date of deposit; and (3) to compensate for the mental and financial embarrassment and agony meted out to him on false promises to a tune of Rs. 10,000/-.

After the filing of the case before the District Forum, the complainant took delivery of the car on 30.6.95, and the amount charged was Rs. 1,87,90.48. Since the first prayer was complied with the only controversy remaining was the amount payable for the car

THE opposite party took a technical objection stating that the complaint was not maintainable. It also contended that there would not be any compensation since there was no inordinate delay on their part. The District Forum rejected the plea of non-maintainability, found that there was no room for compensation and deciding on the price at which the car should be sold, put it at Rs. 1,81,268.19 that is to say, the price prevailing at the time when the car was offered first. Accordingly, it passed the following order : "that the opposite party shall refund the difference amount collected by them over and above Rs. 1,81,268.19 giving due credit to the interest amount @ 8% p.a. on the amount of Rs. 1,74,522.99 paid by the complainant on 11.8.94 till the date of delivery of the vehicle. This amount be paid within }a month from the date of receipt of this order with 8% interest p.a. failing which, the amount be paid with interest @ 12% p.a. The opposite party shall also pay cost of Rs. 300/- to the complainant".

Aggrieved by that order the opposite party No. 3 preferred this appeal.

NO technical plea was taken before this Commission. The only ground urged is that as per the terms and conditions of sale the complainant has to pay the full price at the time of delivery and that the District Forum was wrong in fixing the price of the car at Rs. 181,268.19. We shall examine this point. It is seen from the order booking form that the total price of car at the time of booking has been paid and the time for delivery has been fixed. The contract has become complete. When the total amount of the car at the time of booking is paid and when there is no difference in the quality of the car at the time of delivery, the price to be applied is the price paid and not the price which may be prevailing at the time of delivery. Otherwide there will be violation of the terms of the contract. The learned counsel for the opposite party would contend that as per Clause 3 of the terms and conditions of the sale on the back of the order booking form the price prevailing at the time of delivery of the vehicle will be applicable. That clause, of course, would apply, if no money has been paid by the consumer or, if he has paid only a token money for the purpose of booking. But when the contract has become complete in every aspect by the full payment of the price prevailing at the time of contract, Clause 3 has no application. There cannot be any change in price unilaterally. If any change in the price is to be effected, there should be negotiation between the parties and a new contract is to be entered into or the contract had to be rescinded with repayment of money received and payment of compensation corresponding to the circumstances of the case. Therefore, in a case like this when full payment has been received in respect of a car, the car has necessarily to be delivered at the prepaid price.7.

HAD the complainant taken delivery of the car when he was first intimated about availability, that is to say, on 24.4.95, he did not have To pay anything more than Rs. 1,74,22.99 already paid. But he refused to take delivery at that time on account of the alleged difference of opinion regarding the price which was put then at Rs. 1,814,268.19. But he took however, delivery of the car later on 30.6.95 by which time the price of the car has jumped to Rs. 1,87,905.48. He has to bear the difference from the time of first offer to the time of ultimate delivery. The opposite party is in no way bound to bear the second hike in price. Under this circumstance out of the total amount of Rs. 1,87,905.48 paid by the complainant the opposite party has to reimburse the complainant only the difference between Rs. 1,81,268.19 and Rs. 1,74,522.19. that is to say, Rs. 6,745.20. In the result, the appeal is allowed in part. The order of the District Forum is set aside and a fresh order is passed as follows : The opposite party No. 3 is directed to refund an amount of Rs- 6,745.20. This amount will be paid within a period of one month from the date of receipt of the order, ailing which this amount will carry interest @ 12% p.a. from today. In the circumstances of the case, each party shall bear its own costs. Appeal partly allowed.