CONSUMER PROTECTION COUNCIL Vs. LOHIA MACHINES LTD

JUDGEMENT

(1.) The Complainant is a registered Consumers' Association who has filed this complaint on behalf of various consumers who have deposited Rs.500/- each as booking deposit for purchasing scooter manufactured by M/s. Lohia Machines, Ltd. , of Kanpur. The complainant has also annexed the Lists showing particulars of Ahmedabad city depositors and/or buyers who have deposited the initial amount of Rs.500/- along with receipt number, allotment number, cancellation dates and reply, if any, received by such buyer from Opposite Party No.1. The Complainant has also given a further list of persons who have booked scooters from outside Ahmedabad city and have paid deposits on respective dates as shown in Column (3) thereof at Annexure B with full particulars. The complainant has also annexed at Annex-C, a list showing the names of the persons who, after deposit, cancelled the order for purchase of scooter and the opposite party having refunded only the principal sum of Rs.500/- without paying any interest and costs. The Complainant has prayed that the Opposite Party be ordered to refund the entire amount of deposit to the consumers listed at Annexures A, B and C, together with interest at 18% till today and costs and further relief as may be deemed just and expedient by the Commission.

(2.) The Commission ordered summons to be issued to the opposite party, making the same returnable on 24.12.1990. Since the postal acknowledgment receipt showing the receipt of the summons by the opposite party was not received by us, on that date the matter was adjourned and was being adjourned from time to time for that purpose. In the mean- time, the complainant moved an application on February 8, 1991. seeking permission to add the local office of the Opposite Party Lohia Machines, as Opposite Party No.2. That Application was granted and summons was ordered to be issued to the newly-added Opposite Party No.2. Notice was also issued to the Post Master, Navrangpura Post Office, to explain about the non-delivery of postal A. D. slip. The Post Master appeared and filed his report.

(3.) In response to our summons. Opposite Party No.2 filed a purshish, stating that they are having a very small office and requested us to send the Summons to the Head Office. We adjourned the matter to March 22, 1991, directing Opposite Party No.2 to make inquiry from the Head Office and to state before the Commission as to whether they had received the summons or not. Thereafter, on March 22, 1991, the authorized signatory of Opposite Party No.1 appeared and stated that the Head Office of Lohia Machines had received the Summons. He also gave the written reply signed by him upon instructions from the Head Office. In the said reply, it has been stated on behalf of Opposite Party No.1 that this Commission has passed an order against M/s. L. M. L. Vespa Ltd. , in Appeal No.12 of 1990 wherein the said company was directed to pay interest on Rs.500/- at the rate of ten percent. ' From the date of booking till the preparation of the Refund Order along with Rs.100/- as compensation; and the present case being of similar nature, the Opposite Party prays that the Commission may pass the same order in the present complaint also. The Opposite Party has assured the Commission that they will start issuing refund orders on the order being made by the Commission and will pay up the amounts within one month.