MURALIDHAR Vs. K.LAKSHMINARAYANA.
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE opposite party
in C.D. No. 74/2001 on the file of District Forum, Anantapur is the
(2.) THE complainant purchased TVS Spectra Scooter on 19.3.1999 for Rs. 37,117/ - from the opposite party and the vehicle was delivered to the
complainant after paying an advance of Rs. 30,000/ - while so on 19.4.1999
the vehicle met with small accident due to which the indicators were
damaged. The complainant, therefore, handed over the vehicle to the
appellant for repairs on 20.4.1999. When the complainant approached the
appellant for collecting the vehicle, the latter demanded Rs. 19,996/ -.
The complainant also learnt that the vehicle was registered as AP
02 -F -6975 in the name of the brother of the appellant. Hence this complaint.
(3.) THE District Forum allowed the complaint directing the opposite party to refund of Rs. 24,581/ - with interest at 9% p.a. from the date of
the complaint together with costs of Rs. 400/ -. Hence the appeal.
The appellant submitted before us that as the complainant failed to pay the balance, the appellant sold away the vehicle to a third
party. We cannot accept this contention. The appellant does not dispute
the sale. He also admits payment of part consideration and delivery of
the vehicle. When the vehicle met with an accident, the same was brought
before the appellant for repairs. At that stage the appellant instead of
repairing conveyed the vehicle in favour of third party which is
impermissible under law. Having sold the vehicle it is not open to the
appellant to sell the vehicle once again to a third party. His rights if
any are only to recover the balance of sale consideration. He may at best
enforce his unpaid vendors lien against the vehicle for recovery of
balance but he cannot take the law into his hands and high -handedly
dispose of the vehicle, in lieu of his right to recover the balance.
Hence the District Forum rightly directed refund of the amount to the
complainant with interest. This order in our view does not suffer from
The appeal, therefore, fails and is accordingly dismissed. Time for compliance six weeks.
Appeal dismissed. ;
Copyright © Regent Computronics Pvt.Ltd.