NOBLE MOTORS Vs. VIRENDRA GOEL

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 6.6.2007 passed by the District Forum, Nainital in consumer complaint No. 61 of 2006, whereby the District Forum has partly allowed the consumer complaint and directed the opposite parties -appellants to pay jointly or severally a sum of Rs. 34,745 to the complainant together with interest @ 9% p.a. from the date of filing of the consumer complaint till payment and Rs. 1,500 towards litigation expenses.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant is a timber merchant. On 19.10.2005, the complainant had purchased a Chevrolet Tavera Car from the opposite party No. 1. The said car was financed by Bank of Baroda. The complainant had given a demand draft for sum of Rs. 8,91,109 dated 20.10.2005 towards cost of the vehicle to the opposite parties. The vehicle was delivered on 23.10.2005. It is alleged that in the invoice, the cost of the vehicle was mentioned as Rs. 8,56,364, but the opposite parties have charged sum of Rs.8,91,109 as cost of the vehicle and this way, the opposite parties have charged excess amount of Rs. 34,745. Alleging deficiency in service on the part of the opposite parties, the complainant filed a consumer complaint before the District Forum, Nainital.

(3.) THE opposite parties filed written statement before the District Forum and pleaded that the invoice was issued for sum of Rs. 8,56,364. It was also pleaded that the vehicle was got insured by the opposite parties with Iffco -Tokio General Insurance Company Limited, for which premium of Rs. 31,245 was paid by them. After purchase of the vehicle, the opposite parties have refunded sum of Rs. 13,000 to the complainant vide cheque dated 20.10.2005. It was further pleaded that the opposite parties have installed accessories and MP3 player in the vehicle costing Rs. 10,505 and the total cost of the vehicle comes to Rs. 9,11,114, against which the complainant has given a demand draft of Rs. 8,91,109 and Rs. 20,000 in cash. It was alleged that there has not been any deficiency in service on the part of the opposite parties.