Mr. Justice Malik Sharief-ud-Din, President — Appeal against the order dated 28.12.93.

2. After hearing the learned Counsel for the parties and after going through the order and through the appeal, we may first notice the facts.

3. On 11.10.91 after booking a Maruti Car with the appellant the respondent deposited a sum of Rs. 1,87,274.92 and the Car was in fact delivered on 7th May, 1992 on payment of an additional amount of Rs. 4,033.94 as the price of the Maruti Car had been by then increased. The grievance of the complainant is that the appellant could not have charged this additional amount and that interest at the rate of 12% on the deposited amount was due to him from 11.10.91 till 7th of May, 1992 when the delivery was made and that instead of adjusting the entire amount of interest due to him only a sum of Rs. 4,033.84 was adjusted. According to the complainant the interest due to him at the stipulated rates has been calculated at Rs. 12,806.52

4. Now only defence in this case is that the complainant despite a telegram to take the delivery failed to take the delivery in time and there- fore the complainant is entitled to interest only at the rate of 12% per annum from th