MARUTI UDYOG LIMITED Vs. R SABARINATHAN NAIR

JUDGEMENT

(1.) The complainant booked a Maruti 800cc Car with the third opposite party on 11.8.94 and remitted the full amount of Rs.1,74,522.99. The car was to be delivered within 22.26 weeks from the date of booking. On 24.4.95 the offer of a Maruti Car was made at the rate prevailing then, that is to say Rs.1,81,268.19. But the complainant insisted that the old rate should be applied and the car was not delivered. Aggrieved by the attitude of the opposite party No.3 the complainant approached the District Forum on 23.6.95 with the following prayers : (1) To deliver the vehicle immediately without any enhancement in cost; (2) to pay 18% interest on the deposit amout from the date of deposit; and (3) to compensate for the mental and financial embarrassment and agony meted out to him on false promises to a tune of Rs.10,000/-. After the filing of the case before the District Forum, the complainant took delivery of the car on 30.6.95, and the amount charged was Rs.1,87,90.48. Since the first prayer was complied with the only controversy remaining was the amount payable for the car

(2.) The opposite party took a technical objection stating that the complaint was not maintainable. It also contended that there would not be any compensation since there was no inordinate delay on their part.

(3.) The District Forum rejected the plea of non-maintainability, found that there was no room for compensation and deciding on the price at which the car should be sold, put it at Rs.1,81,268.19 that is to say, the price prevailing at the time when the car was offered first. Accordingly, it passed the following order : "that the opposite party shall refund the difference amount collected by them over and above Rs.1,81,268.19 giving due credit to the interest amount @ 8% p. a. on the amount of Rs.1,74,522.99 paid by the complainant on 11.8.94 till the date of delivery of the vehicle. This amount be paid within }a month from the date of receipt of this order with 8% interest p. a. failing which, the amount be paid with interest @ 12% p. a. The opposite party shall also pay cost of Rs.300/- to the complainant".