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SUSHMA TANWAR, M.A.A.KHAN
SHYAMA JETHWANI – Appellant
Versus
MARUTI UDYOG LTD. – Respondent


Counsel for the Parties :
For the Appellant : Absent.
For the Respondents:Mr. Kirti Kapoor for Mr. Sandeep Arora, Advocates.

ORDER

Mr. Justice M.A.A. Khan, President—Heard.

The appellant had booked her order for purchase of a Maruti Suzuki Zen, with the respondent on 6.9.1993. However, on 7.2.1994 she cancelled her order and asked for the refund of the booking amount along with interest. Since such amount was not refunded to her, she filed a complaint before the District Forum.

2. During the pendency of the complaint the respondent refunded the booking amount to the appellant on 5.1.1996 vide Draft No. : 778910/44 dated 10.10.1995. Looking to the fact that the appellant was made to file her complaint before the Forum in order to get the refund of her money, the Forum awarded a sum of Rs. 500/- to her on account of mental agony and cost of litigation. Dissatisfied with such order the complainant has filed this appeal.

3. Since the order was cancelled by the respondent on the request of the appellant herself and there appears to be no agreement between the parties to pay and receive interest on the amount deposited by the appellant with the respondent, there was no liability of the respondent to pay any interest on the amount deposited by the appellant with them. For the delay committed in refunding the amount


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