PASCO AUTOMOBILES CHANDIGARH Vs. BRIG KESHAV CHANDRA

JUDGEMENT

(1.) The appellant, M/s. Pasco Automobiles, has preferred this appeal against the order dated the 27th of August, 1990 passed by the District Forum, Chandigarh on the complaint of the present respondent, Brig Keshav Chandra. His case was that the Pasco Automobiles had encashed his F. D. R. (Fixed Deposit Receipt) for Rs.90,000/- which he had deposited with the Company in connection with the purchase of a Maruti Car 5 days ahead of the actual date on which the car was delivered to him thereby causing him a great deal of harassment and loss of interest on the F. D. R.

(2.) The District Forum ordered the appellant to pay Rs.900.00 to the respondent for the loss suffered by the latter and an additional amount of Rs.100.00 by way of compensatory costs.

(3.) The learned counsel for the appellant has sought to justify the premature encashing of the F. D. R. by his client on the ground that as the vehicle in question had been received by the appellant on 16th April, 1990 he was entitled to appropriate the proceeds of the F. D. R. on that very date. The fact that the respondent was informed on the 17th/18th of April, 1990 that his car was ready for delivery which he was advised to take within 5 days is glossed over by the learned counsel.