First Appeal No. A/420/2007, (Arisen out of Order Dated 21/03/2007 in Case No. CC/199/2000 of District Patna). Case: Force Motors Ltd., (Formerly known as Bajaj Tempo Ltd.) Vs Dr. S.N. Upadhyay, Secretary, Bihar Blind Peoples Care Society.
| Case Number | First Appeal No. A/420/2007, (Arisen out of Order Dated 21/03/2007 in Case No. CC/199/2000 of District Patna) |
| Judges | Mr. Subhash Chandra Jha President and Mrs. Renu Sinha Member |
| Issue | Consumer Law |
| Judgement Date | May 27, 2011 |
Order:
Renu Sinha, Member
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The present appeal is directed against the order dated 21-03-2007 passed by the District Consumer Disputes Redressal Forum, Patna (hereinafter to be referred to as District Forum) in Consumer Complaint No. 199/2000 wherein it was directed to the Opposite Parties/ A.P. Auto Sales, the authorized dealer and Force Motors, the manufacturer to pay back the deposited amount of Rs. 3,10,000/- (Rs. three lacs and ten thousand only) to the respondent by Bank Draft along with interest @ 12% per annum within 60 days of the order from the date, the amount was deposited, till realization.
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Briefly stated, averments made in the complaint case,are that the respondent No.1/complainant, the Secretary of Bihar Blind Peoples Care Society, Kankarbagh had deposited a cheque dated 02-03-1999 of Rs. 3,10,000/- in favour of M/S A.P. Auto Sales, Patna, an authorized dealer of Force Motors, which was formerly known as Bajaj Tempo Ltd. for the purchase of Tempo/Trux vehicle as advance money. The respondent could not get the delivery of the said vehicle till 28-12-1999. It was further submitted that the respondent sent a notice to M/S A.P. Auto Sales, the authorized dealer of the appellant with a request therein to deliver the said vehicle by 10th January,2000 or refund the deposited amount with interest by 15th January,2000. But the said vehicle was not delivered to respondent No.1 as promised by the dealer. On 25-01-2000, the dealer, A.P. Auto Sales /respondent No. 2 issued a post dated cheque dated 06-02-2000 of 3,10,000/- in favour of respondent No.1, as refund of the deposited amount. It was submitted by the respondent that the said cheque of dealer issued in favour of respondent No.1 bounced and not honored by the Bank due to insufficient fund in the account of respondent No. 2. Thereafter, the respondent No.1 tried his best to contact the Managing Director of A.P. Auto Sales to get his deposited money back but could not succeed.
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Finally, compelled by the situation, the respondent No.1 filed a complaint case in the concerned District Forum on 20-03-2000 against the Opposite Parties/AP Auto Sales, the dealer and Force Motors, the manufacturer for deficiency in service for non-delivery of the vehicle and the refund of the deposited money with interest 24% per annum and compensation of Rs. 50,000 for mental harassment and Rs. 4000/- as litigation cost.
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Nobody appears on behalf of the Opposite Parties, so the complaint case was...
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