Decided on July 12,2010

Dada Motors Limited Appellant
MAKHAN SINGH Respondents


- (1.)THE appellants had published pamphlets and also gave newspaper advertisement for the sale of public carrier vehicle Tata -207 DI to allure the general public for its purchase. Makhan Singh respondent felt attracted and purchased one Tata -207 DI Public carrier vehicle to earn his livelihood by making the payment of an amount of Rs. 10,000 as booking amount vide receipt dated 29.10.2004. He also made the payment of Rs. 40,000 on 30.10.2004 as margin money.
(2.)THE appellants had obtained the signatures of the respondent on blank papers for the purpose of completing formalities and also got insured the said vehicle from the National Insurance Company Limited, Abohar on 30.10.2004. The vehicle was delivered to the respondent by the appellants. The original bill, Form No. 21 and Form No. 22 were to be delivered later on. He was also given temporary registration number. However, the original documents/bills were held up. It was pleaded that the respondent was making the payment of monthly instalments. The loan amount was cleared upto January, 2005.
(3.)IT was further pleaded that the validity of the temporary registration had expired on 23.2.2005. The respondent wrote to the appellants for supplying him the original bills/documents so that he could apply for permanent registration number. However, the appellants with the help of its Manager Manu Sharma along with other employees forcibly took possession of the vehicle and flatly refused to return the vehicle or handover the original documents. Hence, the complaint.
The appellants filed the written statement. It was not denied that the respondent had purchased the vehicle from the appellants. It was pleaded that he was given the discount which was permissible at that time. The respondent was to make the payment of Rs. 98,517 on account of the margin money and Rs. 11,834 on account of the insurance charges. However, he had made the payment of only Rs. 50,000 on 29.10.2004 to the appellants. The premium of the insurance policy to the tune of Rs. 11,834 was already paid by the appellants to the Insurance Company. The respondent had assured to make the remaining payment of Rs. 60,351 after sometime but he failed to do so.

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