By Adv. Ravi Susha, Member<br /> <br /> This complaint is filed by the complainant to get the excess amount levied by the 1st and 2nd opp.party while delivering the Maruthi Swift car and for compensation and cost.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> On 19.9.2005 the complainant paid Rs.50,000/- [Rupeesfifty thousand only] in advance through the 2nd opp.party being the branch of the 1st opp.party for booking a Maruti Swift Vxi vehicle for prevailing price of Rs.4,38,909/- The 3rd and 4th opp.parties are financing companies and the complainant availed a loan of Rs.3,10,000/- on 28.9.2005 and the said amount was given to the 1st and 2nd opp.parties. While disbursing the loan, the 3rd and 4th opp.parties deducted two m onthly instalments from the loan amount, which was for the period upto 17.11.2005. But the delivery of the vehicle was delayed further and thereafter opp.parties demanded for the additional cost of Rs,10,000/- for the vehicle. On 15.11.2005 the complainant caused to issue an advocate notice to the 1st and 2nd opp.parties which had been received by them. The 1st and 2nd opp.parties unauthorizedly and illegally collected Rs.10,000/- in addition to the actual price. The complainant sought relief to refund Rs.10,000/- with 18% interest accrued thereon and compensation to the tune of Rs.50,000/- with cost. There is gross deficiency in service on the parts of 1st and 2nd opp.parties and therefore the complainant is entitled to get the excess amount collected by the 2nd opp.party.<br /> <br /> The 1st and 2nd opp.parties submitted a written version contending that the complainant is not a consumer . When Rs.50,000/- was received on 22.9.2005 by way of advance the price prevalent as on 22.9.2005 was quoted subject to revision of the price by the manufacturer, who is deciding factor with regard to price of the vehicle subject to the Governmental decision with regard to taxes and levies and this aspect was clearly shown on the booking order form and the same was explained to the complainant at the time of booking. 1st and 2nd opp.parties are entitled to collect Rs.10,000/- from the complainant and as such the same was collected because it is settled that the price prevalent at the time of delivery of the vehicle is to be paid by the buyer. The complainant being a buyer was also liable to pay price prevailing at the time of delivery of the vehicle. Hence the opp.parties 1 and 2 pray for dismissal of the complaint.<br /> <br /> 3rd and 4th opp.parties remained absent. Hence they were set exparte.<br /> <br /> The points that would arise for consideration are:<br /> [i] Whether there is deficiency in service on the part of the opp.parties 1 and 2<br /> [ii] Reliefs and costs.<br /> <br /> For the complainant Pw1 is examined. Exts. P1 to P11 are marked<br /> <br /> For the opp.party DW.1 is examined. Exts. D1 and D2 are marked.<br /> <br /> <br /> <br /> Point [I] &[ii]:<br /> <br /> <br /> The contention of the complainant is that she booked a Maruti Swift Vxi Vehicle through the 2nd opp.party being the branch of the 1st opp.party for the prevailing price of Rs.4,38,909/- as the cost of the vehicle on road. Delivery of the vehicle was delayed and at the time of delivery opp.parties 1 and 2 demanded for an additional cost of Rs.10000/- for the vehicle and the complainant was compelled to pay. According to the complainant the opp.parties 1 and 2collected Rs.10,000/- unauthorizedly and illegally. Opp.parties 1 and 2 would contend that they were collected additional cost of Rs.10,000/- because there was a price hike at the time of delivery of the vehicle. It is settled that the price prevalent at the time of delivery of the vehicle is to be paid by the buyer.<br /> <br /> We head the argument from both sides and perused the material on record. Basic facts are not in dispute that the complainant booked the car on 19.9.,2005 and the amount mentioned in the complaint was received by the 1st and 2nd opp.party from the complainant. As per Ext. D1 the opp.parties company raised the price effective from 3.11.2005. Here the complainant booked the vehicle on 19.9.2005 for the then prevailing price of Rs.4,38.909/- being the cost of the vehicle on road which is not denied by opp.parties 1 and 2. According to the 1st and 2nd opp.parties there was a price like at the time of delivery and according to them it is settled that the price prevalent at the time of delivery of the vehicle is to be paid by the buyer. In Ext.P1 there is a condition that “price prevailing at the time of invoice of the vehicle will be applicable”. Ext.D1 is the price list of Maruti Vehicles with effect from 3rd November 2005. Opp.parties 1 and 2 are bound to follow Ext.D1. In Maruti Udyod Ltd. & AWR V/s Sameer Kumar Jain 111[2007] CPJ 420 {NC]. The Hon’ble National Commission held that the manufacturer shall be free to charge the prevailing price at the date f delivery. Here the manufacturer [Maruti Jdyod Ltd.] is not impleaded as a party. Hence this complaint is bad for non-joinder of necessary parties. By considering the above aspects, this complaint is liable to be dismissed. There is no deficiency in service on the part of the 1st and 2nd opp.parties.<br /> <br /> Opp.parties 3 and 4 remains absent. Hence they were set exparte. As no relief is sought from opp.parties 3 and 4, the opp.parties 3 and 4 are to be exhonerated. There is no deficiency in service from their part. The complainant is not entitled to get the additional charges Rs.10,000/- levied by the 1st and 2nd opp.parties while delivery the vehicle..<br /> <br /> In the result the complaint fails and is dismissed without cost. <br /> <br /> <br /> <br /> Dated this the 17th Day of January, 2008.<br /> <br /> <br /> <br /> K. VIJAYAKUMARAN ACHARY:<br /> <br /> ADV. RAVI SUSHA :<br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant:<br /> PW.1. – Duhitha<br /> <br /> List of documents for the complainant<br /> P1. – Preliminary information sheet<br /> P2. – Temporary receipt<br /> P3. – Order booking form<br /> P4. – Loan agreement<br /> P5. – Contract repayment schedule report<br /> P6. – Photocopy of cheque for Rs.85,659/-<br /> P7. – Receipt<br /> P8. – Legal notice<br /> P9. – Legal notice and Postal receipt<br /> P10. – Acknowledgement card<br /> P11. – Temporary receipt<br /> <br /> List of witness for the opp.parties<br /> DW.1. – Rajesh.V.S.<br /> List of documents for the opp.parties<br /> D1. – Prize list<br /> D2. – Order booking form.<br />