AGRARIANS AGRO FIELDS LTD Vs. KANCHAN BHARDWAJ

JUDGEMENT

(1.) IN this revision filed against the order dated 13.12.2004 of State Commission Delhi, the short issue that arises for consideration is whether petitioners/opposite parties are liable to pay interest on the refunded amount of Rs. 29,000 and if so, from which date? Relying on Condition No. 6 printed on the back of receipt dated 9.5.1996 (copy at page 20) the contention advanced by Mr. Ashutosh Sharma for petitioners is that as the instalments under the scheme were paid only for 29 months the respondent/complainant is not entitled to interest on the amount of Rs. 29,000 paid by her. Mr. Sharma pointed out that against the order of District Forum the respondent had not filed appeal. So the part of the order of District Forum awarding interest w.e.f. 17.9.1998 being the date of payment of last instalment, could not have been disturbed in appeal by the State Commission. Aforesaid Clause 6 is reproduced below :

(2.) COPY of the application for registration as a unit holder filed by the respondent with petitioner No. 1 company with terms and conditions is placed below at pages 21 and 22. Condition similar to 6 above is not incorporated in the terms and conditions printed on the reverse of said application. Said receipt dated 9.5.1996 is not signed by the respondent. In our view, terms and conditions printed on the reverse of said application only are binding on the respondent and not the conditions printed in the receipt dated 9.5.1996. Thus, on the strength of said Condition No. 6 the respondent cannot be deprived of interest on amount of Rs. 29,000 by the petitioners. At the same time, interest is to be paid from 17.9.1998 on which date the last payment was made in view of respondent having not challenged the District Forum's order by filing appeal before the State Commission. Order of State Commission ordering payment of interest from the date (s) of deposit, thus, deserves to be modified to that extent. Order accordingly. Revision petition stands disposed of leaving the parties to bear their own costs. Revision Petition disposed of.