SUNKARA VENKATADRI Vs. ANDHRA PRADESH PAPER MILLS LTD

JUDGEMENT

(1.) Case under Section of 17 of the Consumer Protection Act, 1986 praying that in the circumstances stated in the memorandum of grounds/affidavit filed herein the State Commissioner will be pleased to direct the respondent to receive the balance amount from the complainant and deliver the coles crane vehicle to him II grant costs of this complaint.

(2.) This case coming on for hearing, upon perusing the memorandum of grounds/affidavit field herein, and upon hearing the arguments of Mr. M. Venkatarayudu, Advocate for the petitioner and of Mr. M. Veerabhadra Rao, Advocate for the respondent, the Court made the following Order : -

(3.) The complainant has submitted a tender on 4.4.1990 for purchase of one Coles Crane offering Rs.72,999/- along with earnest money deposit of Rs.2000/-. On 9.4.1990 he submitted another tender for the same vehicle at Rs.81,999.99 ps. along with earnest money of Rs.2,000/- on 16.4.1990. The complainant has asked to attend the office of the respondent i. e. . A. P. Paper Mills Limited, on 22.4.1990 for discussion. At the time of discussion, the complainant is prepared to pay a further sum of Rs.1000/- more. The opposite party wrote a letter on 30.4.1990 that the offer of the complainant cannot be considered. Subsequently, the complainant wrote on 5.5.1990 that he would enhance the quotation to Rs.1,00,000/-. Thereafter, the opposite party on 8.5.90 asked the complainant to quote his irrevocable maximum rate before 14.5.1990. On 12.5.1990 the complainant informed the opposite party that his irrevocable maxim rate was Rs.1,04,499/-. By a telegram dated 17.5.1990 the opposite party accepted the offer but mentioned that Earnest Money Deposit should be paid within 15 days. It was not clearly mentioned in the said letter whether the balance of the amount should be paid within that time or not anyhow, the complainant sent EMD of Rs.2000/- on 27.5.90 with a letter requesting 20 days for paying the balance. Thereafter, on 9.6.90 the sale order was issued with a condition that the complainant should pay the balance of purchase money within 10 days. On receipt of the said sale order on 18.6.1990 the complainant again wrote a letter for twenty days time for payment of the balance. But the opposite party by telegram which reached the complainant on 21.6.90 asked him to pay the full amount on or before 28.6.1990. Although the complainant asked for time till 8.7.90 the same was not agreed by the opposite party.