Nagpur Gas Domestic Appliance & Services, Nagpur – Appellant
Versus
G. B. Faye – Respondent
G.G. Loney, President - This common order will dispose off aforesaid two appeals.
2. These appeals are against the order of District Forum, Nagpur dated 12.2.1992 passed in Complaint Nos. 40/91 & 41/91. The respondent No.1 Gajanan Faye and Prabhakar Faye had presented complaint before the District Forum, Nagpur claiming refund of Rs.500/- paid by them towards the booking of two wheeler viz. 'Sportif Mopade". The District Forum allowed the application and ordered the refund of Rs.500/- each with cost of Rs.200/- each to be paid by the Opposite Party jointly to the complainant. This appeal is directed against the said order by the dealer M/s. Nagpur Gas Domestic Appliances & Services.
3. We have heard Shri Voditel, Advocate for the appellant, Respondents were absent. It is a known fact that the deposit for booking a vehicle although accepted by a dealer ultimately goes to the manufacturer. In the instant case, according to Shri Voditel, the deposit of Rs.500/- being with the manufacturer, Chamundi Mopade Ltd., he is not liable to refund the amount to the complainants. According to Shri Voditel, the impugned order• is incorrect in as much as dealer is made liable to pay the deposit
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