PATWA ABHIKARAN Vs. NARAYAN

JUDGEMENT

(1.) This is an appeal directed against the order dated 28.6.1993 passed in Case No.465/92 by the District Consumer Disputes Redressal Forum, Indore (for short the 'district Forum'), whereby the complaint of the respondent No.1 was allowed with the direction to return the booking amount of Rs.10,000/- for the Sipani Montana Diesel Car with interests at the rate of 18% p. a. from 17.10.1990 till payment with costs of Rs.200/-.

(2.) Mr. S. B. Dubey, learned Counsel for the appellant placing reliance on the decision of National Commission in case of M. S. and S. Engineers V/s. K. V. Giri and Ors., 1994 3 CPJ 114 (NC), submitted that appellant was the dealer who received the demand draft of Rs.10,000/- issued by respondent No.1 in the name of respondent No.2, the manufacturer of the car which in turn was sent to the respondent No.2, therefore, the appellant as a dealer cannot be made liable to refund the amount jointly or severally.

(3.) Mr. Mohan Chouksey, learned Counsel for respondent No.2 submits that an application under Sec.22 of the Sick Industrial Companies (Special Provisions) Act, 1985 has been filed by the respondent No.2 alongwith copy of order passed in Case No.40/98 by the Board for Industrial and Financial Reconstruction (for short 'bifr') (a copy of which has been filed in Appeal No.1476/99 before this Commission ). Therefore, in the light of the order of the BIFR passed in Case No.40/98 for final reconstruction, proceedings in the present case be stayed under Sec.22 of the said Act till further orders.