G.G.LONEY, M.G.GAVAI, ELLEN DHARKAR
MUMBAI GRAHAK PANCHAYAT – Appellant
Versus
CHAMUNDI MOPEDS LTD. – Respondent
Mr. Justice G.G. Loney, President —This is a complaint filed by Mumbai Grahak Panchayat in the public interest on behalf of about 90 consumers. The opposite party M/s. Shri Chamundi Moped Ltd. is a public limited party company registered under the Companies Act, 1956, The opposite following the year 1983 invited applications for registration of their new two-wheeler viz.- “Sport if Moped” on payment of advance deposit of Rs. 500/- per booking. The opposite party had also agreed to pay 10% interest on the initial deposit of Rs. 500/- till the date of delivery. This deposit together with accrued interest was to be adjusted against the total price payable by the consumer for the two wheeler at the time of delivery. Inter alia the terms of booking as under:—
(i) Advance payment of Rs. 500/- (five hundred only) per booking which shall carry simple interest of 10% per annum from the close of the booking and upto the last date of preceding month in which intimation with regard to allocation shall be sent. Interest was to be paid on full calendar month basis.
(ii) No interest was to be paid if the cancellation takes place within 12 months from the date of close of booking. The refund o
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