SIPANI AUTOMOBILES LTD Vs. KEWAL KRISHAN DUGGAL

JUDGEMENT

(1.) M/s. Sipani Automobiles, Bangalore, have come up in appeal against the order dated 30.6.1997 passed by the learned District Consumer Forum, Ambala, where by the complaint of Kewal Krishan Duggal respondent alleging deficiency in service on the part of the appellants M/s. Sipani Automobiles and Mr. Rajesh Diwan, Manager, M/s. Wheels World, Ambala Cantt. in the mater of supply of car and the refund of the amount deposited with them at the time of booking the car on 6.12.1990, has been allowed.

(2.) The complainant had approached the District Consumer Forum, Ambala, with the grievance mat even though he had booked a car on 6.12.1990 by depositing Rs.20,000/-, and on 20.2.1991 allotment letter had also been issued to him yet as the respondents in their letter dated 20.4.1991 informed him that the car could not be provided as earlier intimated vide their letter dated 20.2.1991, he requested for the refund of the amount deposited by him. The opposite party however failed to accede to his request despite repeated reminders and representations from time to time. Aggrieved by this, the complainant approached the District Consumer Forum, Bathinda, on 7.1.1991 and the complaint was accepted by issuing a direction to the opposite parties for the refund of the amount with interest. However, on appeal, the State Commission vide order dated 21.8.1996 set aside the order of the District Consumer Forum, Bathinda, by holding that it lacked territorial jurisdiction and returned the complaint for being filed before the District Consumer Forum having territorial jurisdiction in the matter. Complying with the same, the complainant presented the present complaint before the District Consumer Forum, Ambala.

(3.) In their reply, the respondents admitted the fact of deposit of Rs.20,000/- by way of booking amount by the complainant at the time of booking the car but nothing tangible was pleaded for contesting the claim. Accordingly, the District Consumer Forum, allowed the complaint with a direction to the opposite party No.1 to refund the amount of Rs.20,000/- with interest at the rate of 18% with effect from 9.4.1991 till its payment.