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S.K.DUBEY, SAROJ RAJWADE
MARUTI UDYOG LIMITED – Appellant
Versus
JOGINDER NATH BHATIA – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. K.K. Jain, Advocate.
For the Respondent No. 1:Mr. Rajendra Babbar, Advocate.
For the Respondent No. 2:Mr. B.V. Bhargava, Advocate.

ORDER

Mr. Justice S.K. Dubey, President—The appellant-Maruti Udyog Limited (MUL) has filed this appeal against the order dated 20th March, 1997 passed in case No. 24/91 by the District Consumer Disputes Redressal Forum, Jabalpur (for short the ‘District Forum’).

2. Material facts giving rise to this appeal may be stated thus : The complainant-respondent No. 1 is a physically handicapped person who booked on 15.11.1990 a Maruti Automatic Transmission Car, Model HC-TRA by deposit of Rs. 10,000/- by Demand Draft in the name of MUL with the authorised dealer of MUL the respondent No. 2. A priority No. 5401-H-02474 dated 15.11.1990 was allotted to respondent No. 1. The price of the car on the date of allotment was Rs. 84,881.88 paise. The respondent No. 2 assured the delivery within a period of three months on deposit of the full amount. The respondent No. 2 on 28.12.1990 sent a telephonic message to the respondent No. 1 to deposit the balance of Rs. 74,881.88 pais towards the full price of maruti automatic transmission car and assured the delivery within 3 to 4 weeks. The respondent No. 1 deposited Rs. 74,881.88 paise on 1.1.1991 by Bank Draft drawn in the name of MUL with the respondent















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