LAWS(NCD)-2009-4-49

MARUTI UDYOG LTD. Vs. NAGENDER PRASAD SINHA

Decided On April 05, 2009
MARUTI UDYOG LTD. Appellant
V/S
Nagender Prasad Sinha Respondents

JUDGEMENT

(1.) ASHOK Bhan, President"Maruti Udyog Limited -petitioner herein, which was the Opposite Party before the State Consumer Disputes Redressal Commission, Jharkhand (hereinafter referred to as ˜the State Commission for short), has filed the present Revision Petition.

(2.) ADMITTED facts between the parties are: Mr. Nagender Prasad Sinha, respondent no.1 herein, booked a Maruti 800 Standard car on 12.01.1999 and deposited a sum of Rs.1,70,154.89 with Ashish Automobiles, a division of Somani Swiss Industries Limited -respondent no.2 herein, who was the dealer of the petitioner. The money was deposited by way of a demand draft drawn in favour of the petitioner/manufacturer. The said demand draft was transmitted to the petitioner by respondent no.2 and the amount thereof was duly credited in the account of the petitioner. However, no car was delivered to the respondent no.1 either by the dealer or by the petition within the stipulated time of 4 -6 weeks.

(3.) RESPONDENT no.1, being aggrieved, filed a complaint before the District Consumer Disputes Redressal Forum, Ranchi (hereinafter referred to as ˜the District Forum for short) on 08.06.1999 and the District Forum, by its Order dated 20.10.1999, directed both the petitioner and respondent no.2 to deliver the car with 18% interest on the deposited money from the date of deposit till the actual date of delivery or refund the deposited money with 18% interest till the date of refund and pay a compensation of Rs.5,000/ - for harassment to Respondent No.1.