KRISHANA TANDON, P.N.NAG, I.D.BALI
MODERN AUTOMOBILES – Appellant
Versus
KANSHI RAM SHARMA – Respondent
Mr. Justice P.N. Nag, President—Both the above appeals can be disposed of by a common order, as these arise out of the same order.
2. The brief relevant facts necessary to be mentioned for determining the point in controversy are that the complainant/ respondent who is a practising Advocate, booked a Maruti Standard Car 800CC with M/s. Modern Automobiles (appellant in Appeal No. 255 of 1997) who are authorised Dealers of M/s. Maruti Udyog Limited (appellant in Appeal No. 14 of 1998). The complainant paid the entire price by Bank Draft to M/s. Modern Automobiles, Chandigarh on 21.12.1992 as demanded by them as per their proforma invoice excluding insurance charge, as the complainant was at liberty to get the car insured himself. The complainant was told by M/s. Modern Automobiles that the manufacturers, M/s. Maruti Udyog Limited, has despatched the vehicles booked upto 17.12.1992 and within a short period, the vehicle shall be delivered to him. The amount of consideration paid by the complainant was arranged by him by borrowing from the State Bank of India, Bilaspur as loan on interest. The Dealer M/s. Modern Automobiles was approached by the complainant a number of times for de
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