Justice Pritam Pal, President 1. This appeal by Opposite party No.2 is directed against the order dated 1.11.99 passed by District Consumer Forum-I, U.T.Chandigarh whereby complaint bearing No.207/99 of respondent No.1/complainant was allowed and appellant as well as respondent No.2 herein were directed to refund to the complainant deposited amount of Rs.2,30,673.62 p. alongwith interest @ 12% p.a. with effect from 1.5.98 till actual payment. They were further directed to pay compensation of Rs.10,000/- apart from costs of Rs.2000/-. The District Forum had held them liable jointly and severally to make the payment to the complainant. 2. The parties hereinafter shall be referred to as per their status before the District Consumer Forum. 3. Briefly stated the facts of the complaint are that the complainant who was working as Branch Manager in Life Insurance Corporation booked a white deluxe Premier Padmini Car on 16.1.1998 and deposited with OP No.1 bank draft dated 15.1.98 amounting to Rs.2,30,673.62p, after raising loan from his employer department. OP No.1 assured the complainant to deliver the car after few days but the car was not supplied despite numerous efforts made by the complainant in that regard. Ultimately complainant got the booking cancelled by writing a letter dated 7.4.98 and sought refund of the booking amount. OP No.1 then replied vide letter dated 18.5.98 that the matter with regard to refund was under process and refund would be sent within next 10 days. The complainant then took up the matter with OP No.2 but vide letter dated 12.2.1999 they denied of having received any amount on account of booking of Premier car by Amardeep Motors- OP NO.1. Complainant again approached both OPs but to no effect. Hence, alleging deficiency in service on the part of OPs complainant filed complaint before the District Forum. 4. The learned District Forum sent notices of the complaint to both OPs seeking their version of the case but none entered appearance on their behalf and they were proceeded against ex parte. 5. The District Consumer Forum after going through the evidence and hearing the counsel for complainant allowed the complaint as indicated in the opening part of this judgment. This is how feeling aggrieved against the said order, opposite party No.2 has come up in this appeal. 6. We have heard learned counsel for the parties on the application for condonation of delay as well as on merits and gone through the file carefully. The impugned order dated 1.11.1999 has been challenged in this appeal after about a decade. It was argued on the behalf of the appellant/ OP NO.2 that it was not aware about the pendency of the proceedings and only came to know on 23.10.2009 when it had received notice of execution proceedings pending in the District Forum and thereafter appeal was preferred alongwith application seeking condonation of the delay. 7. The learned counsel for appellant further argued on merits and stated that there was no privity of contract between the complainant and OP NO.2 which is clear from the letter dated 12.2.1999 sent by it to the complainant stating therein “that they did not have any payment with them on account of booked premier car by Amardeep Motors.” Further, there was not an iota of evidence which proved liability of OP No.2 as the demand draft of Rs.2,30,673.62 was issued in the name of Amardeep Motors- OP NO.1, so no amount was received by OP NO.2 on account of booking of the car. However, these points of arguments have been repelled by the learned counsel for complainant who stated that Amardeep Motors was an agent of appellant/ OP NO.2 being manufacturers of the cars and the cars were supplied by them, so OP NO.2 being principle of OP NO.1 was equally liable to refund the amount. He further stated that on 27.5.2002 the learned District Forum also imposed fine of Rs.10,000/- in application Under Section 27 of the Consumer Protection Act but still OP NO.2 did not bother. 8. It is pertinent to mention here that the address of OP NO.2 – The Premier Automobiles Ltd. (now M/s Premier Ltd.) as mentioned on the Fax No.01826-22870 dated 12.2.1999 is Lal Bahadur Shastri Marg, Kurla, Mumbai and on the same address summons in the complaint, copy of the impugned order and copy of the execution application as well as order passed therein dated 27.5.2002 imposing fine of Rs.10,000/- were sent to OP NO.2 . It is not believable that none of these had not reached OP NO.2. Further the notice of execution application for appearance on 9.10.2009 by the District Forum was sent to OP NO.2 at the same address which was served upon them and it made them to wake up out of slumber and then it moved an application for condonation of delay after 10 years. It appears that OP NO.2 was aware of the pendency of the proceedings before the District Forum but it avoided intentionally and deliberately to delay the cause. We find no good case made out for condoning the delay and as such the application is rejected being beyond limitation. 9. There is copy of the fax message dated 29.9.1998 sent by Amardeep Motors to the complainant, which was addressed to Mr.Yatin Desai, Asstt. General Manager, Vehicle Distribution, Premier Automobiles Ltd. requesting them to release the PP cars – one to complainant Chanchal Singh A/c LIC of India and another to Rama Petro Chemicals and price of the car was also mentioned therein. Further, the fax message dated 12.2.1999 sent by OP NO.2 to the complainant shows that OP NO.2 used to release cars to M/s Amardeep Motors but they did not have any payment pending with them on account of release of Premier Car to M/s Amardeep Motors Pvt. Ltd. It all goes a longway to show that OPs NO.1 & 2 were transacting with each other on the basis of principle and agent. The cars were being booked by OP NO.1 which were supplied by OP No.2. 10. In view of the foregoing discussion , we are of the considered opinion that the there is no illegality in the impugned order dated 1.11.99 being well reasoned and justified, hence, needs no interference. We find no merit in the appeal and the same is dismissed with costs of Rs.5000/- Certified Copies of this order be sent to the parties, free of charge. The file be consigned to record room.
| | HON'BLE MRS. MRS. NEENA SANDHU, MEMBER | HON'BLE MR. JUSTICE PRITAM PAL, PRESIDENT | , | | 
