BYFORD LEASING LIMITED Vs. K D SHARMA

JUDGEMENT

(1.) Shri K. D. Sharma of Chandigarh booked one Maruti motor car on 28.11.1990 with M/s. Byford Leasing Limited, Naraina Ring Road, New Delhi. Shri Sharma, the complainant deposited a sum of Rs.32,028/- on 28.11.1990 being 25% of the price of the car which was treated margin money. The motor car was to be delivered within 30 days from the date of booking. However, the motor car was not delivered within the aforesaid time but late in March, 1991. It was 1990 model, not manufactured in 1991. The Consumer Disputes Redressal Forum, Union Territory, Chandigarh ordered on 4.11.1996 that Shri K. D. Sharma was entitled to the following reliefs : (i) Interest at the rate of 18% p. a. on the following amounts : (a) Rs.32,038/- for a period of 4 months. (b) Rs.1,00,347/- for a period of three months. (ii) Refund of Rs.9,951/- with interest at the rate of 18% p. a. from 21.3.91 to date of actual payment. (iii) Payment of Rs.10,000/- as compensation. " Aggrieved against it M/s. Byford Leasing Limited have attempted the present appeal.

(2.) In this case the loan was to be provided by Citi Bank, New Delhi and the appellant had undertaken to deliver the motor car to the corn" plainant within 30 days from the date of booking and deposit of the margin money. In this case the margin money was deposited on 28.11.1990 and the motor car was delivered on 20.3.1991. Thus the delay was for a period of two months and twenty days. The complainant was thus entitled to a sum of Rs.1,277/- after calculating interest @ 18% p. a. on the deposit of Rs.32,028/- for the aforesaid period of delay. The complainant has rightly been granted refund of Rs.9,951/- relating to increase in price with interest @ 18% p. a. from 21.3.1991 till the date of actual payment because it was on account of delay and without Omission on the part of the consumer and this was not recoverable by the Bankers from the complainant. As regards compensation of Rs.10,000/- awarded we are of the view that it is on a higher side and it is reduced to Rs.5,000/-. With these modifications the appeal stands disposed of. Announced. The order be communicated to the parties free of charges.