KRISHNA AUTOMOBILES Vs. G S MOUNTAIN MOVERS PRIVATE LIMITED
LAWS(HPCDRC)-2010-8-5
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 09,2010

KRISHNA AUTOMOBILES Appellant
VERSUS
G S Mountain Movers Private Limited Respondents

JUDGEMENT

- (1.) BOTH these appeals have arisen out of order passed by District Forum, Solan in Consumer Complaint No.36/2007, decided on 10.07.2009, as such these were heard together and are being disposed of by this common order.
(2.) DISTRICT Forum below while partly allowing the aforesaid complaint has directed the appellants in both these appeals as well as the State Bank of Patiala to refund a sum of Rs.50,000/ - to respondent No.1 G.S. Mountain Movers Private Limited alongwith 9% interest from the date of institution of complaint (i.e. 20.04.2007), till actual payment with litigation cost assessed at Rs.1,500/ -. However the relief regarding damages as claimed by the respondent No.1 was declined on the ground that no direct proof was been adduced by respondent No.1 for substantiating such a claim.
(3.) BRIEF facts as they emerge from the complaint are, that G.S. Mountain Movers Private Limited, hereinafter to be referred to as the complainant, filed complaint against i) Krishna Automobiles; ii) Shri Rohit Dhiman; iii) JCB India Limited; and iv) State Bank of Patiala Nalagarh Main -119, hereinafter to be referred to as the OPs No.1 to 4 respectively, had placed an order for purchase of JCB machine through OP No.3 and OPs No.1 and 2 had received a sum of Rs.50,000/ - in cash as booking amount on 23.01.2006. OP No.4 was the financier for the purchase of this machine by the complainant. Further averments in the complaint are that the OPs No.1 and 2 had again demanded an additional amount of Rs.50,000/ - from the complainant which was paid through cheque bearing No.332632, dated 26.12.2006 to OPs No.1 and 2 vide receipt No.0235 of the said date. Total cost of machine as quoted in quotation dated 26.12.2006 was at Rs.22,50,000/ -. Other averments in the complaint are that the OPs undertook to deliver the said machine to the complainant at Village Rajpura, Tehsil Nalagarh, District Solan, Himachal Pradesh in the month of February, 2007, but they failed to adhere to their assurances, as a result thereof complainant suffered loss of profit which he would have earned by plying the said JCB. Complainant had also alleged that the OPs were deficient and negligent to fulfill their part of contract due to non -delivery of machine well in time as agreed upon, which tantamounts to deficiency in service and unfair trade practice.;


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