S.S.SANDHAWALIA, BASANTI DEVI
BENZ TRADING COMPANY, NEW DELHI – Appellant
Versus
MODERN CAR SCAN CENTRE (P) LTD. HISSAR – Respondent
S.S. Sandhawalia, President — Whether the redressal Agencies established under Section 9 of the Consumer Protection Act are entitled to grant interest on equitable grounds, or alternatively in lieu of compensation under Section 14(1)(d) of the said Act, is the solitary yet significant question in this appeal.
2. The facts relevant to the only issue aforesaid lie in a narrow compass. The complainant-respondent M/s Modern Car Scan Centre (P) Ltd., Hisar after securing a loan for the purchase of equipment from the Haryana Financial Corporation placed an order for the following machinery on the two appellants: —
(i) Automatic Engine Analyser Model 450.
(ii) Microtronic Wheel Balancer Model 1820.
(iii) Mechanical Wheel Alignment System Model 998.
An amount of Rs. 25,000/- was paid as an advance money by a cheque dated the 29th of January, 1988. The appellants received the same and the order was accepted and confirmed. It is the complainant-respondent’s case that because some items of the machinery had to be imported, he had to procure an import licence and at the behest of the appellant he opened a letter of credit as well. However, to the unpleasant surprise of the complainant-resp
1. AIR 1975 SC 1303. (Referred)[Para 6]
6. AIR 1961 SC 908. (Relied)[Para 11]
7. 65 IA 66=AIR 1938 PC 67. (Relied)[Para 11]
10. I (1991) CPJ 307. (Followed)[Para 16]
11. I (1991) CPJ 345. (Followed)[Para 16]
12. I (1991) CPJ 542. (Followed)[Para 16]
13. I (1991) CPJ 211. (Followed)[Para 16]
14. I (1991) CPJ 481. (Followed)[Para 16]
15. I (1991) CPJ 91. (Followed)[Para 16]
16. I (1991) CPJ 139. (Followed)[Para 16]
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