PASCO AUTOMOBILES Vs. KIRAN PARKASH SINGH

JUDGEMENT

(1.) In a complaint filed by Kiran Parkash Singh, the District Forum, UT, Chandigarh, ordered on 16.12.94 that the Maruti motor car booked by the complainant shall be delivered to him. Besides this, it was ordered that the complainant shall be entitled to interest @ 18% per annum for the delay which took place in delivering the vehicle to the complainant. Aggrieved against it, the present appeal has been preferred.

(2.) A Maruti motor car was booked by Kiran Parkash Singh on 28.8.93 as resident of Handaya and deposited a sum of Rs. 1,46,500/-. It appeared that the person in whose name this motor car was booked himself never appeared before the appellant for collecting the motor car. In other words, the identity of the person who booked the motor car remained in dispute. This is the only controversy in this case. Even the complaint was not filed by Kiran Parkash Singh himself, but through Shri Jasbir Singh son of Shri Ajit Singh. Shri Kiran Parkash Singh, the respondent, has never appeared in person before this Commission though according to our oral instructions, he was expected to appear here and satisfy the doubt regarding the identity of the person who booked the motor car. It is not disputed that the price has been deposited and the motor car is still in the garage of the appellant for the last several years. The appellant is also entitled to the enhanced price i.e. sum of Rs. 13,754/- as well. It is hereby ordered that the motor car shall be delivered to the respondent as and when he appears before the appellant and satisfies him about his identity, or through a duly authorised attorney to the satisfaction of the appellant. If the respondent fails to collect the motor car within a period of two months from the date of receipt of a copy of this order, the appellant dealer shall be competent to sell or dispose of the vehicle. The appellant shall also be entitled to a sum of Rs. 5,000/- as compensation for maintaining this vehicle in its garage for such a long time without any omission on its part. Both the parties are left to bear their own costs. With this modification, the appeal is partly accepted and it stands disposed of.

(3.) Announced. Copies of order be sent to the parties free of charges. Appeal partly allowed.