Mr. Justice G. Balagangadharan Nair, President—The complainants in all these cases are present before us of whom the complainants in complaint No. 40/90 are alone represented by Counsel. The principal opposite party who is interested in the controversy is M/s. Hasan Kuthoos Maricar is represented by Mr. A.K. Balan. The subject-matter involved in all the cases is the delivery of Hindustan Motor Cars (Diesel Deluxe) for which each of these complainants had booked orders with the opposite party M/s. Hasan Kuthoos Maricar who is a dealer of the cars in Pondicherry under the Hindustan Motors Ltd., Culcutta. The complainants allege that despite the payment of large amounts by way of advance, several months ago, the opposite party has not delivered the cars in terms of the agreement and has been delaying the delivery under one pretext or another. They also complain that owing to the enormous delay in getting the Cars they have lost considerable money by way of interest to the banks from whom they had taken loans to pay the opposite party. While admitting that owing to various circumstances it was not possible to deliver the cars to the complainants within the stipulated time, the opposite party denies the negligence and lossitude alleged by the complainants. They also deny responsibility for the loss of profits and liability for interest if any, suffered by the complainants. Mr. Balan for the opposite party submitted that the opposite party has a contention against the jurisdiction of the Commission, inherently and territorially to entertain these cases. However he made it clear that despite these objections, he has instructions from his client to supply the complainants with cars and pay them interest for the period starting from 8 weeks after the date of the advance by them upto the date of repayment to the complainants. There was also some discussion before us about the place where the cars are to be delivered, Mr. Balan insisting that it must be at Pondicherry while the complainants insisting that it should be in Trivandrum. This controversy was however settled by the parties accepting our suggestion that the cars will be delivered at Mahe.

2. On the basis of the discussion and settlement accepted by the parties we dispose of the cases on the following terms:

(1) The opposite party namely M/s. M.O. Hussan Kuthoos Maricar Ltd. will deliver two new Ambassador Diesel Cars or new Nova Cars to the complainants in complaint No. 40/90 within a month from today. The complainants will inspect the cars and take delivery. The opposite party will ensure that the cars are in a show room condition.

(2) All the complainants will be liable to pay the actual price prevailing on the date of delivery. They will also pay the taxes and registration charges for the vehicle as on that date. We are not adjudicating on the objection mooted on behalf of the complainants that they are not liable in law to pay the increase if any in the price of the Cars between the date specified for delivery and the date of actual delivery. The complainants will be at liberty to seek reimbursement of the increased price if any which they pay in other appropriate proceedings if in law they are not liable to pay the increase.

(3) Mr. A.K. Balan, Advocate who was representing the opposite party before us will be present at the time when the cars are delivered. He very willingly offered to be present and place his services in the settlement of any problems that might arise at that time.

(4) The cars will be delivered to the complainants on a date that will be intimated to them ten days before that date.

(5) The terms and conditions of the cars delivered to all the complainants will be the same as specified in clause; in respect of complainants in complaint No. 40/90. The complainants will also take delivery of the cars after inspection. The opposite party will ensure that the cars are in a show room condition in respect of the above cases also. The cases are disposed o