B. U. Bhandari Tempo Ltd. v. Uttamchand Bhagchand Lunkad
1999-06-29
A.A.HALBE, G.R.BEDGE, RAJYALAKSHMI RAO
body1999
DigiLaw.ai
JUDGMENT - A.A. HALBE, PRESIDENT:---Both these appeals arise out of the judgement of the District Forum, Pune in Complaint No. 370/97 directing the appellant Bajaj Tempo Ltd. and B.U. Bhandari Tempo Ltd. to pay the difference of price to the complainant regarding the old metador sold to the complainant. 2. The few facts are that on 11-1-94, the complainant wanted to purchase the Export Model of Tempo Trax. He abandoned his first claim of Tempo Trax of Country Model and went in for Export Model. For this purpose, he had to pay Rs. 2,40,681/- towards the price. It seems that soon after the delivery of the vehicle, the complainant found that the vehicle was second hand vehicle and that he had been charged more. The Direct Forum on fair consideration found that although the Invoice dt. 12-1-94 found the vehicle was having a model of 1994 whereas the Certificate of Insurance and Warranty Certificate clearly reveal that the model was of 1992. It was also found that when the vehicle was delivered, the vehicle had already run 1504 kms. It is further claimed that during the servicing, there was rust on the silencer and the silencer had to be changed. All these symptoms clearly indicate that the vehicle was a old one and that the price charged was more. The District Forum found that this was unfair trade practice on the part of the dealer as well as the manufacturer. Accordingly, the District Forum ordered the refund of the excess price charged. Further, the District Forum also paid compensation etc. which we find appear to be quite logical supportable. 3. In Appeal No. 843/98, the complainant has sought for enhancement of some of the amounts which the District Forum denied. On perusal of the same, we find that there is no justification for interfering with the judgment of the District Forum on that count and, therefore, we find that both the appeals deserve to be dismissed. The order passed by the District Forum directing the appellant has to be confirmed. Accordingly, we pass the following order : ORDER "Both the appeals are dismissed with no separate order as to cost. The payment if any made by the party shall be paid over to the respondent/complainant." Appeals dismissed.