G. Balagangadharan Nair, President - This appeal by the first opposite party arises out of an order of the District Forum, Kollam. The brief facts necessary for the appeal are the following: The complainant - Jayakumar had booked one Hero Honda Motor cycle after remitting Rs.1500/- as advance on of Rs. 20,802.30, which was the full prevailing price of the vehicle. The vehicle was to be delivered under the terms of sale within 2 weeks. However, it was delivered only on 24th July 1990, after a delay of 4 months and 22 days causing financial loss and mental distress. For this he is entitled to be compensated. On this account, he has to get Rs.5060/-, being the increase, interest, incidental expenses etc.

2. In defence, the opposite party contested the claim to compensation. What he had collected was only the prevailing price, the price escalation was beyond his control. The vehicle was delivered according to priority. They did not utilise the money for their business, there was neither negligence nm delay, the complainant took delivery voluntarily.

3. The District. Forum had held that there was proof of negligence on the part of the opposite party entitling him to compensation but