HARIPRIYA MODUGULA BBM CITY SCHOOL BANK Vs. NAIDU CARS PVT. LTD

JUDGEMENT

(1.) Dissatisfied by the order passed in CD 786/2006 by the District Forum- I, Hyderabad in not grating additional compensation except ordering the refund of advance amount of Rs.15,000/- with interest and costs, this appeal is preferred and sought for awarding additional relief of Rs.20,000/- towards compensation.

(2.) The facts of the case disclose that opposite party no. 1 is a dealer in sale and purchase of used and old cars to whom the complainant had contacted for purchase of used car on 1.7.2006 and he was showed with a used Maruthi car 800 bearing No. AP 9S 3920 belonging to one K. Basavaraj which was readily available for sale. After bargaining, its prices was fixed at Rs.95,000/-. So he paid an advance amount of Rs.15,000/- and it was agreed for payment of the remaining amount of Rs.85,000/- on or before 7.7.2006 for delivering the same to him. While so, on 3.7.2006 the complainant approached OP 1 to pay the remaining amount of Rs.45,000/- and to take delivery of it and at that time OP 1 showed him that the owner K. Basavaraj was not willing to sell the same. So he was shocked and insisted the OP 1 to refund the advance amount from which he asked him to come later and thereafter delayed to refund the same . So vexed with the attitude on 11.8.2006 he got issued a legal notice for stepping back from his promise. After making enquiry from OP.2 he came to know that the above said car stands in the name of different persons but not in the name of K. Basavaraj as stated on whose behalf the OP 1 had issued advance receipt of Rs.15,000/-. Thus, OP 1 had adopted unfair trade practice in sale of vehicle and also caused him mental agony and thereby he is entitled for seek refund of advance amount besides compensation of Rs.20,000/-.

(3.) After appearance through an advocate the OP 1 had not filed any version. While so, OP 2, Regional Transport Authority, in its affidavit has stated that as per the directions of the Forum, they have furnished the details of the vehicle which belongs to one Aftar Pasha which was registered in his name on 29.4.98 and that OP 2 is in no way concerned with the transaction as such no relief can be granted.