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RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Hon’ble Mr. Justice M.A.A. Khan, President &
Mrs. Sushma Tanwar, Member
MRS. SHYAMA JETHWANI—Appellant
versus
MARUTI UDYOG LTD. & ORS.—Respondents
Appeal No. 265 of 1996—Decided on 29.11.2004
For the Appellant : Absent.
For the Respondents:Mr. Kirti Kapoor for Mr. Sandeep Arora, Advocates.
Liability for interest without agreement and compensation for delay
Headnote:
Refund - Consumer Protection - The court found that there was no liability for the respondent to pay interest on the amount deposited by the appellant, as there was no agreement between the parties for such payment. The delay in refunding the amount was already compensated by the Forum, leading to the dismissal of the appeal.
Fact of the Case:
The appellant booked a car with the respondent, later cancelled the order, and filed a complaint for refund. The respondent refunded the booking amount during the pendency of the complaint.
Finding of the Court:
The court found that there was no liability for the respondent to pay interest on the amount deposited by the appellant, and the delay in refunding the amount was already compensated by the Forum, leading to the dismissal of the appeal.
Issues: Cancellation of order, refund of booking amount, liability for interest, compensation for delay
Ratio Decidendi: No liability for interest without agreement, compensation for delay
Final Decision: The appeal was dismissed with costs on parties.
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, the Forum had already compensated the appellant. We thus find no force in the appeal and dismiss it accordingly with cost on parties.
Appeal dismissed.
