N.V.RAMANA,J. - (1.) Leave granted in Special Leave Petition(Civil) No. 5417 of 2005.
(2.) These appeals are filed against the common impugned order dated 25.10.2004, passed by the National Consumer Disputes Redressal Commission [for short 'NCDRC'], wherein the NCDRC partly allowed the revision petition and directed the appellants to refund Rs. 2,65,000/- with interest @ 12% per annum w.e.f 27.8.1998 and cost of Rs 10,000/- to respondent no. 1. It may be noted, though appellant-Telco further challenged the aforesaid order by filing Review Petition whereby NCDRC dismissed the Review Petition as well on 6.11.2006.
(3.) A brief factual background may be necessary to dispose of the case at hand. Respondent no. 1/Complainant booked a chasis of TATA bus with the Punjab Motors (Kurali) Ltd. (authorized dealer of the appellant-Company). The complainant paid an amount of Rs. 11,250/- on 22.07.1998. Thereafter two receipts amounting to Rs. 49,000/- each is supposed to have been paid by respondent no. 2 [independent financing company]. Although the bus got registered and a cheque was issued by the respondent no. 2 in lieu of the liability of respondent no. 1, but the same was dishonored for insufficient funds. It may be noted that the delivery of the bus could not take place and it was ultimately sold to a different customer. Aggrieved by the non-delivery of the bus inter alia among other things, the respondent no. 1 filed a consumer complaint before the district forum praying for handing over of the bus, further claiming compensation of Rs. 1,00,000/- and litigation cost of Rs. 10,000/-.;