RAJESH MALVIYA Vs. SIPANI AUTOMOBILES LIMITED

JUDGEMENT

(1.) This is a complainant's appeal against the order dated 20.12.1995 passed in Case No.163/93 by the District Consumer Disputes Redressal Forum, Bhopal (for short the 'district Forum' ).

(2.) The District Forum has dismissed the complaint of the complainant for refund of the amount of Rs.10,000/- deposited as booking amount on 26.6.1989 for delivery of Montana Diesel Car through the authorised dealer, the respondent No.2 of the manufacturer, the respondent No.1. Car was not delivered, therefore, the complainant cancelled the booking vide letter dated 11.11.1991. The opposite party No.1 sent a cheque of Rs.12,100/- which was dishonoured by the Bank. The complainant filed a complaint to claim amount with interest thereon at the rate of 18% per annum. The District Forum held that as the cheque was bounced, the appropriate remedy for the complainant is to approach Civil Court and to prosecute the opposite party No.1 for the offence of Sec.138 of the Negotiable Instruments Act, 1881 (for short NI Act ).

(3.) Having heard learned Counsels for the parties we are of the opinion that the order of the District Forum cannot be sustained. This Commission in Gajendra Kumar Rathore V/s. Sipani Automobiles Limited and Ors., 1998 3 CPJ 20 , has taken a view that if the booking amount of the car booked, if the Company fails to deliver the car and the booking is cancelled and the amount was not refunded, it amounts to deficiency in service under Sec.2 (1) (g) of the Consumer Protection Act, 1986 (for short the 'act' ). .