- (1.) The unsuccessful complainant is the appellant.
(2.) The complainant/appellant based on the Proforma Invoice, paid a sum of Rs.2,98,389/- for outright purchase of Santro Car from the first opposite party, who is the dealer of the second opposite party/manufacurer. The first opposite party, at the time of handing over the demand draft, promised to delivery the vehicle within a period of one week. But, first opposite party has not delivered the vehicle as promised and effected to deliver of the vehicle, giving lame excuse.
(3.) The complainant was forced to cancel the booking, since the vehicle was not delivered as promised, by his letter 04.08.1999, demanding the refund of the amount with interest, for which, there was no reply. The first opposite party has not delivered the vehicle, with an expectation of price hike. Because of the deficiency committed by the opposite parties, the complainant was compelled to purchase another vehicle from some other dealer, paying excess amount of Rs.12,000/-. Since the opposite parties have committed deficiency in service, in not delivering the vehicle as promised and have enjoyed the benefits of the amount, they are bound to pay interest as well as difference of price, in addition to, sum of Rs.50,000/- as compensation for mental agony. Thus, a claim came to be filed before the lower forum by the complainant.;