WHEELS WORLD Vs. AMRIT LAL

JUDGEMENT

(1.) Agitating the order of District Forum, Bathinda dated August 23, 1994, the appellant before us is the opposite party M/s. Wheels World before the District Forum.

(2.) The facts in brief may be noticed. Complainant before the District Forum, Amrit Lal, booked one Montana car after depositing Rs.7,000 /- in the State Bank of Patiala for onward payment by the banker to the appellant (hereinafter called the opposite party) in the year 1987. He was accordingly issued priority card by the opposite party. Later on coming to know that the said car was not found of road-worthiness and it was a totally failure, the complainant applied for cancellation of the said booking and requested to the opposite party to refund the amount after sending the original booking receipt, original priority letter and affidavit duly attested by Judicial Magistrate 1st Class as per the requirement of the opposite party.

(3.) On the notice being served, the opposite party filed its version and the affidavit of Bhagat Ram, General Attorney of M/s. Wheels World and later on absented and thereby was proceeded exparte by the District Forum. Vide its order under challenge, the District Forum awarded that the complainant is entitled for the refund of advance and thereby directed the opposite party to refund to the complainant a sum of Rs.7,000/- with interest @ 13% per annum after two months from the date of cancellation, which is 1.2.1988 till payment and in addition to also awarded the costs of Rs.1,000/-.