SUBODH NIGAM Vs. MARUTI UDYOG LTD.

JUDGEMENT

(1.) In this revision petition filed under Section 21 (b) of the Consumer Protection Act, 1986 (for short, 'Act'), there is challenge to order dated 06.09.2007, passed by State Consumer Disputes Redressal Commission, U.P., Lucknow (for short, 'State Commission') in Appeal No.1930/2007.

(2.) Shri Subodh Nigam (since deceased)/Complainant filed a consumer complaint before the District Consumer Disputes Redressal Forum, Kanpur (for short, 'District Forum'), stating that in year 1985, Respondent/Opposite Party had offered to supply Maruti Car and as such he deposited a sum of Rs.10,000/- being the booking advance with the respondent. Respondent issued the allotment card/number in respect of the said booking. Since, respondent was unable to supply the car, vide its letter dated 13.02.2004 respondent decided to refund the amount of advance with interest if the complainant so request. The complainant applied for refund of the booking amount but was unable to provide the original booking allotment card and original acknowledgment booking application, as the same were not traceable as matter was quite old. In lieu of the original documents, complainant submitted an indemnity bond affidavit along with documents available with him. However, respondent did not refund the deposited amount. Therefore, alleging deficiency in service on the part of the respondent, complainant sought refund of advance of Rs.10,000/- and interest thereon being Rs.29,500/- and future interest @ 15% per annum with cost.

(3.) The consumer complaint was resisted by the respondent. In its written reply, respondent took the stand that complainant was negligent in retaining the original documents for which it cannot be held responsible. The allotment card is a valuable and important document in order to assess genuineness of booking in favour of the individual. Therefore, it is not bound to refund the deposited amount along with interest, in the absence of original documents and complaint is liable to be dismissed.