M.THANIKACHALAM, J. - (1.) The opposite parties 1and 2 are the appellants.
(2.) The case of the complainants as follows: The complainant/1st respondent, at the instance of the 3rd opposite part, had booked a car, with the opposite parties 1 and 2, on 14.1.2006, by paying an advance of Rs.10000/-, in order to purchase a model of Moon Dust silver colour car. As per the invoice/estimate, the amount was fixed at Rs.6,99,000/-, and it was assured, there will not be any escalation. On the basis of the estimate or invoice given by the opposite parties 1 and 2, the complainant borrowed a loan of Rs.5,60,000/-, which was paid to the 2nd opposite party, by way of demand draft on 5.5.2006.
(3.) The opposite parties 1 and 2 have not delivered the vehicle, as agreed and abruptly, they have allotted the vehicle and sold the same to 3rd party, which was questioned by the complainant, by the issuance of a lawyer notice, for which there was no proper reply. The complainant was always ready and willing to pay the balance, as per the proforma invoice, whereas the opposite parties have claimed escalated price, for which the complainant was not willing. Thus, the opposite parties have committed not only unfair trade practice, but also committed deficiency of service, and monopoly trade practice, causing mental agony to the complainant. Hence seeking direction to deliver the vehicle, or to refund the amount of Rs.570000/-, with compensation of Rs.50000/-, a consumer complaint came to be filed on the file of District Forum, Vellore.;