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K.BALAKRISHNAN, C.G.SETHU LAKSHMI, G.BALAGANGADHARAN NAIR
A. BALACHANDRAN – Appellant
Versus
SIPANI AUTOMOBILES LTD. – Respondent


Counsel for the Parties :
For the Complainant :Mr. R. Raghavan Pillai, Advocate.
For the Respondents:Mr. Joseph & Kuriyan, Advocates.

ORDER

Mr. K. Balakrishnan, Member—The facts of the case are as follows:

The first opposite party is the manufacturer of the car named “Montana” Diesel. Inspired by the qualities and specialities advertised by the manufacturer of the car “Montana”, the father of the complainant, late Shri Ayyappan Pillai contacted 3rd opposite party, the authorised dealer of the 1st opposite party in Kochi and applied for the purchase of a car on 17.4.1989 in the form No. 53751. Along with the application, he paid Rs. 10,000 for the booking of the car by D.D. drawn on UCO Bank. He got the priority booking card No. 018-8-00089.

2. On 20.4.1990, the third opposite party in their letter informed late Ayyappan Pillai about the allotment of the car and asked him to pay the balance amount of Rs. 1,06,650 on or before 20.5.1990 The payment should be made as follows (1) Rs.1,02,650 by D.D. in favour of 1st opposite party and Rs. 4,000 in favour of 3rd opposite party. Accordingly the complainant made the payment and got acknowledgement. The complainant raised these money through Bank loans.

3. On 22.5.1990, the complainant Ayyappan Pillai expired and his legal heirs authorised his son A. Balachandran to take del








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