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S.A.SHAH, RAJENDRA K.SHAH, LEELABEN TRIVEDI
DR. BHAVNA CHINUBHAI SHAH – Appellant
Versus
CARGO MOTORS (GUJ. ) LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Rajiv Mehta, Advocate.
For the Respondent:Mr. Shailesh Shah, Advocate.

ORDER

Mr. Justice. S.A. Shah, President.— The complainant has purchased a Maruti car for handicapped in response to the quotation letter of the opposite party dated 12.10.90 produced at Exhibit-B. The said letter quotes ex-stock price of Rs. l,24,777.83p. The delivery period mentioned is 6 to 8 weeks after making full payment. This quotation in terms defines that the purchaser has to pay full price of Rs. 1,24,777.83 p. and when the actual delivery is made he shall have to pay transportation, octroi, insurance, R.T.O. etc. which are necessary consequences if he wants these services also from Maruti Udyog.

2. It cannot be said that it is absolutely essential for the purchaser to pay for the octroi in advance. He may take the delivery at a place where it is offered and bring the car to his hometown and may take the insurance from his own insurance agent and may pay R.T.O. tax when he decides to use the car. There is no dispute that the complainant has paid full price in March, 1991 prevailing at that time i.e. Rs. 1,24,777.83 p.

3. It is true as contended by Mr. Shailesh Shah, learned advocate appearing on behalf of the opposite party that the car is not still given. Mr. Shah who has fi











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