P.M. Chauhan, President - All the complaints involve common question of fact and law and, therefore, at the request and by the consent of the learned advocates for the parties, are disposed of by the common judgment. The complainants booked Premier Fiat diesel car manufactured by the opponent No. 1 of which opponent No.2 is the branch office and the opponent No.3 is the local dealer at Rajkot. The Fiat cars were booked by the respective complainants with the opponent No.3 at Rajkot and at the time of booking paid Rs. 15,000/- and subsequently when called upon to pay the remaining amount of the price, paid the amount as directed but the opponents "Inspite of assurance to give delivery of the car within 8 weeks from the date of the booking did not deliver and adopted unfair trade practice by earning interest. The complainants accordingly prayed for the direction to deliver new Premier Fiat car and interest and compensation for the mental shock, suffering etc. and special compensation for entering into unnecessary communication or direct to pay the amount of the price of the car paid by the complainants with interest and compensation for shock etc.

The opponents No. 1 and 2 by reply raised various contentions viz. complainants are not consumers and opponent No. 3 is independent dealer and transaction with complainants and opponent No.3 was principal to principal and, therefore, opponents No.1 and 2 are not liable for any act of the opponent No.3. The opponent No.3 contended that the complainants are not consumers and has only given the time for delivery approximate and has not made any positive commitment for the time for the delivery of the car. It is specifically' contended that after the complaint was filed, the booked car was delivered to the respective complainants.

2. The amount of Rs. 15,000/- was deposited by each of 'the complainants and the remaining amount was also paid and the car was delivered on the date as stated in the table below.

Complainant in complaint No.

122/1993 123/1993 124/1993 125/1993 126/1993

Dt. of booking 6.11.1991 11.11.1991 26.11.1991 28.11.1991 13.11.1991

& Dep. of

Rs. 15000/-

Remaining

amt. paid on 22.9.1992 9.9.1992 29.9.1992 26.9.1991 7.9.1992

Amt. Paid 150000/-

(Rs.) 197291/- 200000/- 197291.10 47291/- 198250/-

Dt. of dely.

after

Complaint 20.5.1993 29.4.1993 25.5.1993 21.5.1993 5.4.1993

Int. on

Rs. 15000/-

@ 9% paid 780/- 765/- 754/- 754/- 789/-

to each 6.11.1991 11.11.1991 26.11.1991 28.11.1991 13.11.1991

complainant to 4.6.1992 to 5.6.1992 to 17.6.1992 to 19.6.1992 to 8.6.1992

(Rs.)

3. The grievance of the complainants for the delivery of the car now does not survive as the respective complainants were delivered the cars as stated above. The only grievance of the complainants is that the cars were delivered about 8 months after the entire amount was paid and, therefore, they are entitled to be compensated. Their another grievance is that the interest on the amount of Rs. 15,000/- was paid only upto the date as stated above and not upto the date of delivery of the car. The dispute between the parties is, therefore, now in a very narrow compass. As per the instructions and conditions for booking Premier Padmini 137D diesel car for taxi use, the condition No.9 is that the amount of Rs. 15,000/-paid as advance for booking will carry interest of 9% p.a. compounded annually and calculated from the date of booking till the last date of the month in which first intimation is sent to the applicant or cancellation is received. The interest was, therefore, required to be paid upto to the first letter of intimation and not upto the date of delivery. The offer letters were issued in the month of June and, therefore, the complainants cannot make any grievance for the interest and cannot assert the right to get interest on the deposit of Rs. 15,000/upto the date of the deli very.

4. The remaining contention of the complainants is that inspite of the full payment of the price of