KALINGA AUTO CENTRE LTD Vs. PRATIK PATTNAIK

JUDGEMENT

(1.) IN-CHARGE-BEING saddled with liability to pay the booking amount with compensation and cost jointly and severally as directed by the District Forum, Cuttack, both the dealer and the manufacturer have come up in appeal before us.

(2.) THE facts of the case are that the complainant had paid an amount of Rupees 21,000 to the appellants towards advance amount while booking an order for supply of Fiat car. For this purpose, the complainant had paid the amount through a Bank Draft of Paradeep Branch of Bank of India on 18. 2. 1996 which was handed over by him to the local dealer, Kalinga Auto Centre Ltd. (appellant No. l ). Due to some financial difficulties, the complainant cancelled the booking on 6. 6. 1996 and the manufacturer Premier Automobiles Ltd. (appellant No. 2) confirmed the cancellation on 9. 7. 1996. Although the complainant sent several letters and reminders, they did not refund the amount. Hence, the complainant filed the case before the District Forum.

(3.) THE District Forum while allowing the complaint has directed both the dealer and the manufacturer to refund the advance booking amount of Rupees 21,000 along with compensation of Rs. 7,000 and cost of Rs. 500 within sixty days of the order, failing which the awarded amount shall carry interest @18% per annum. The above order is now under challenge in this appeal.