D.P. Sood, President• Dr. Hari Mohan Swami is the complainant. Respondent No.1 is the dealer carrying on the business in the name of Style M/s. Modem Automobile, Tara Devi, Shimla from whom complainant purchased the car. Respondent No.2 is the manufacturer carrying on their business at Gurgaon in Haryana.

2. The complainant Dr-. Hari Mohan Swami had booked an order of supply and delivery of Maruti car standard 800 with respondent No.1. Along with the application for registration of his booking, the complainant had made a deposit of Rs. 35,000/-(Rs. Thirty Five Thousand only) in the shape of FDR/-SIM/PD/000821, dated 19.4.1990 drawn on Central Bank of India, Shimla, against receipt issued by the respondent No. 1 on dated 20.4.1990 and he was assigned waiting No. 15 in the said receipt. By letter dated 27.7.1990, the complainant was informed by respondent No. 1 that the information based on intimation received from respondent No. 2 the customer's orders placed with them till 20.4.1990 have matured for payments deposit and delivery. He was also intimated that delivery of vehicles will be made according to the date of receipt of full payment. It was also clarified through this letter that in the normal course his vehicle was accepted to be delivered immediately on receipt of his payment, for the unforeseen circumstances due to which delivery may get delayed by a few days. Further the complainant was asked to deposit the payment latest by 15.9.1990 and in case of failure he was apprised that his priority would be changed. Pursuant to the aforesaid intimation he deposited the balance amount to the tune of Rs. 74529.42 through pay order No. 029248 drawn on Central Bank of India, Shimla dated 3.8.1990 against receipt No. 1511 of the even date. In other words the total amount of Rs. 1,69,529.42 was required to be deposited vide letter dated 27.7.1990, was duly deposited by the complainant on 7.8.1990 which did not include interest earned on FDR of Rs. 35,000/-. With effect from 28.3.1990, the procedure in regard to purchase of Maruti vehicle revised by the Co.(Respondent No.2) of the aforesaid initial deposits at the time of booking and subsequent deposit of the balance amount was in pursuance of the said policy in compliance with the requirements specified therein.

3. The grievance voiced by the complainant is that despite depositing of the entire amount as price of the car and oral as also written request made to the respondent No.1 the delivery thereof was not given to him till 26.10.990 and that too, on escalated price to the tune of Rs. 7779.64 in addition to the deposited amount for no fault of his. According to him the vehicle was needed for the use of his reverred ailing mother for seeking medical care at her home and also keeping her medically checked up at P.G.I. Chandigarh which aim could not be fulfilled. His further grievance is that respondents kept him deliberately in dark regarding the position/revised position of availability of vehicle for delivery for the reasons best known to them and thereby respondent No. 1 in particular cheated him; that as a helpless consumer he had no alternative but to get the delivery of the car by depositing the escalated price from respondent No. 1 who also refused to adjust the interest earned by him on his FDR of Rs. 35,000/- on the total unutilized amount which remained with respondents since 7.8.1990. The said circumstances culminated into the filing of the complaint before this State Commission seeking the following reliefs:-

1. Refund of Rs. 7779.64 for enhanced price of Car for no fault of his.

2. Interest earned on Rs. l,10,400.57 on the deposit which remained with M/s. Modem Automobiles, Tara Devi, Shimla.

(a) Interest on F.D.R. of Rs. 35,000/- for 46 days @ 8% i.e.

Rs. 352/-

(b) Interest on F.D.R. of Rs. 35.352/- @ Rs. 8% for 67 days i.e.

Rs. 519.15.

(c) Interest on total amount i.e. 1,10,400.57 remained with the dealer since 9.8.1990 i.e. for 80 days @ Rs.18%.

Rs. 4,355.52.

Total Inter