Karnataka

Bangalore 2nd Additional

CC/1147/2008

D.Nagaraj, - Complainant(s)

Versus

Advaith Automation Pvt, Ltd., - Opp.Party(s)

IP

28 Jul 2008

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/1147/2008

D.Nagaraj,
...........Appellant(s)

Vs.

Advaith Automation Pvt, Ltd.,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Date of Filing:17.05.2008 Date of Order:10.07.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 10TH DAY OF JULY 2008 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1147 OF 2008 D. Nagaraj, No.2, III Cross, I Main Road, Someshwaranagar, Bangalore-11. Complainant V/S Advaith Automation Pvt. Ltd., No.40/1, South End Road, Basavanagudi, Bangalore-560 004. Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that, on 7/12/2007 he has booked two wheeler vehicle Access-125, and paid Rs.1,000/- as booking amount. At the time of booking opposite party told that the total price of the vehicle was Rs.44,861/- and informed the complainant that delivery will be given within three months. After three months when the complainant enquired with the opposite party he received answer that load has not come and they may take some time to delivery. On 12/5/2008 he requested the Manager and the Manager told to deposit Rs.48,575/-. On enquiry he told that from April-2008 the price of the vehicle had been increased. Therefore, the complainant did not make payment and he requested the opposite party to give the delivery of the vehicle at the price which was at the time of booking. Since the vehicle was not delivered as per the request of the complainant he approached this Forum. 2. Notice was issued to opposite party. Notice was served by RPAD. The opposite party appeared through advocate and filed defence version admitting that the complainant has paid Rs.1,000/- as booking amount. Price of the vehicle depends upon the basic price and other tax liabilities on the date of delivery of the vehicle. The complainant has to pay value of the vehicle as on the date of the invoice and delivery as fixed by the manufacturer. The dealer has no right to fix the price of the vehicle. Opposite party has not entered into any contract with the complainant to sell the vehicle at the cost of Rs.48,861/-. Therefore, the opposite party requested to dismiss the complaint. 3. Perused the documents. Arguments are heard. REASONS 4. The opposite party has produced price list and broacher. As per the broacher, the prices are subject to change without prior notice. Prices ruling at the time of delivery will be applicable. No doubt the complainant has paid Rs. 1,000/- as booking amount on 7/12/2007. But he cannot insist that the opposite party should give delivery of vehicle as on the date of booking. There is no such obligation or contract between the consumer and the service provider. The normal rule of practice is the price of the vehicle has to be paid on the date of delivery. Even if the prices are reduced after booking the customer need not pay the higher price. He is obliged to pay the price as on the date of delivery. The complainant has not produced any agreement or contract between himself and the opposite party to show that the opposite party had agreed to give delivery of the vehicle for Rs.44,860/- irrespective of the change of price pattern. The opposite party is a dealer and he has no authority to fix the price of the vehicle. The prices are fixed by the manufacturer and naturally prices are subjected to variation periodically. Therefore, there is no rule that the dealer should deliver the vehicle to the price as on the date of booking. Therefore, on the facts of the case, there is no question of any deficiency in service on the part of opposite party. The complainant is entitled to get back his booking amount with interest or he can buy the vehicle for the price available on the date of delivery of vehicle. Since the amount is enjoyed and utilized by the opposite party, he should be directed to pay interest on the booking amount. In the result, I proceed to pass the following:- ORDER 5. The opposite party is directed to refund Rs. 1,000/- the booking amount with interest of Rs.200/- to the complainant within 15 days from the date of this order. The opposite party shall pay the total amount of Rs.1,200/- to the complainant directly by way of DD or cheque with intimation to this Forum. 6. Send the copy of this Order to both the parties free of costs immediately. 7. Pronounced in the Open Forum on this 10TH DAY OF JULY 2008. The complaint is disposed off accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER