MAHABUBNAGAR CITIZENS COUNCIL Vs. BIJLI MACHINE TOOLS SALES

JUDGEMENT

(1.) The Mahaboobnagar Citizens Council represented by its President, Anantharam Kongara, filed C. D. No.201/91. in the District Forum of Mahaboobnagar.

(2.) According to the complaint, the opposite party quoted the prices of lathe machines and other items mentioned in Quatation No.997 dated 5-7-91. While issuing the quotation, the opposite party informed the consumer that after the Budget of the Union Government, the rates will be increased and if the consumer keeps some amount with them, the machinery will be supplied at the rates mentioned in the quotation. The consumer made it clear that he is trying for a loan from the Andhra Pradesh State Financial Corporation, and if he gets the loan, the machinery will be purchased. Relieving the representation and also believing the assurance of the prices quoted by the opposite party, the consumer sent Rs.5,000/- through Bank Draft No.025889 dated 6,7.91 on the Indian Overseas Bank, Mahaboobnagar. But by letter dated 23.7.91 requested the opposite party to refund the amount of Rs.5,000/- as he is not in a position to obtain the loan from the A. P. State Financial Corporation and purchased the machinery. But the opposite party by letter dated 25.7.91 informed the consumer that the amount will not be refunded and asked the consumer to try for the loan from some other source. Aggrieved by the attitude of the opposite party, the consumer wrote a letter dated 29.7.91 requesting the opposite party for the refund of the amount of Rs.5,000/- within ten days as the consumer has not placed any order with the opposite party, and that therefore, the opposite party cannot retain Rs.5,000/- with him. Hence the complaint was filed claiming refund of Rs.5,000/- which was paid, with a further sum of Rs.5,000/- towards damages with 24% interest and costs and the expenses of the complaint.

(3.) After the service of notice, the opposite party was set ex-parte. After perusing the complaint along with the connected documents, the District Forum by its order dated 5.10.91 directed refund of Rs.5,000/- sent by the complainant with 12% p. a. simple interest from the date of payment till realisation and also awarded Rs.200/- towards costs, within one month from the date of this order.