AVI AUTOS Vs. NARINDER PAL KAUR

JUDGEMENT

(1.) The Consumer Disputes Redressal Forum, Union Territory, Chandigarh, ordered that Mrs. Narinder Pal Kaur who had booked diesel Fiat Car with the appellant on 8.7.92 and had deposited Rs. 15,000/- through a Bank draft as a kind of earnest money was entitled to interest on this amount for the period of 22 months. The appellant was unable to deliver the motor car within the stipulated period of six months and the respondent withdrew the proposal for purchase of the motor car. The aforesaid amount remained with the dealer and in this regard it was ordered that a sum of Rs. 4,950/- as interest shall be payable to Mrs. Narinder Pal Kaur, the consumer. Aggrieved against it the present appeal has been attempted.

(2.) On behalf of the appellant it has been pointed out that at what rate of interest and exactly for what period the amount of interest has been awarded by the Forum, has not been mentioned in the judgment and it is liable to be set aside. This contention as such is not acceptable. In Para No. 6 of the judgment the Forum has specifically mentioned that in such cases interest admissible is @ 18%. It was after applying this rate that the sum of Rs. 4,950/- was worked out by the Forum.

(3.) On behalf of the appellant it has been argued that the part price was deposited with the manufacturer and not with the appellant and the manufacturer alone could be liable for payment of interest. This contention is not acceptable in the circumstances of this case because the appellant had undertaken to refund the earnest money and it did remit it together with interest but the interest as detailed above was inadequate and that is why the necessity arose for appellant to approach the District Forum. The conclusion is that the appeal fails and is hereby dismissed with the direction that the balance amount of Rs. 3,213/- shall be payable within 30 days to the respondent.