J K LAKHAN Vs. SECRETARY, PREMIER AUTOMOBILES LTD

JUDGEMENT

(1.) This appeal by the complainant is directed against the order dated 22.2.1991 passed by the District Forum, Belgaum in Complaint No.102/90 on its file.

(2.) It arises in this way : -The appellant booked a Premier Padmini Car Deluxe Model with respondent No.2 who agreed to deliver the car within 15-20 days after full payment was made. The complainant made the full payment on 7.2.1990. But the car was delivered to him on 4.4.1990 as per the Delivery Note exhibit D-1. In the meantime, the price of the car was increased with effect from 27.3.1990 and the complainant had to pay Rs.9,252.54 due to the increase in the price before taking delivery. Hence, the appellant filed a complaint for refund of the excess amount of Rs.9,252.54 and for interest at the rate of 18% p. a. on Rs.1,13,354.64 from 7.2.1990 to 30.3.1990 and costs.

(3.) Respondent No.1 resisted the complaint by contending inter-alia that there was no delay in the delivery of the car; that the delivery was made through the dealers on seniority of payments; that the price prevailing on the date of the delivery of the car has to be paid by the Purchaser and that for the delay they have paid interest of Rs.1,135/- and that the complainant is not entitled to any of the reliefs.