Escorts Ltd. vs PRAHALAD SINGH

THIS appeal is directed against the order of the District Forum, Hisar granting the marginal relief of interest on the deposited amount of Rs. 500/- @ 18% only.

THE facts and merits lie in a narrow compass and deserve notice in their barest out-line. THE respondent had booked one Yamaha RX-100 motor-cycle with the appellants against the deposit of Rs. 500/-. Apparently because the said amount was with-held, he was compelled to file a complaint for the refund thereof, in pursuance of which the said amount was refunded alongwith the marginal amount of Rs. 40/- as interest. THE complaint giving rise to the present proceedings was preferred there- after seeking primarily the relief of the award of interest on the amount for the prolonged withholding with effect from November, 1985 to October, 1991. On notice being issued to the appellants, they were duly served, but the record would indicate that despite a number of opportunities given, the appellants did not even choose to file any reply to the complaint. Inevitably, the District Forum on the basis of the material before it awarded the minuscle relief noticed at the out-set.

Mr. Bhandari, learned Counsel for the appellant despite the pettiness of the stakes involved for a concern of the appellant''s standing, had projected the appeal with some persistence. It was argued that the District Forum should have come to a categoric finding that there was some patent default for imposing the allegedly high rate of interest on the deposit.

WE are unable to discover even a modi-cum of merit in the aforesaid submission. As already indicated, the appellants despite seeking numerous adjournments by way of letters and telegrams did not care to even file a reply to the complaint. The plea of the respondent, therefore, had gone totally unrebutted and inevitably had to be acted upon. Even otherwise the factum of the earlier deposit having been made and the same having remained with the appellants for well-nigh six years and more has not been disputed at the bar. In this situation, the District Forum was patently right in relying upon the binding precedents of the National Commission wherein the refund of the booking deposit has been repeatedly directed with interest @ 18%. Not the least meaningful grievance on this score can possibly be made. Mr. Bhandari had lastly contended that the respondent had earlier preferred a complaint for the refund of the deposit and, therefore, a second complaint on the allied cause of action for the payment of interest thereon was not maintainable.

WE are equally unable to find any merit in this submission. It deserve highlighting that the proceedings before the redressal agencies under the Act are not shackled by any technicalities of the Civil Procedure Code. Consequently, technical arguments on the splitting of a cause of action etc., are somewhat alien to the consumer jurisdiction. This apart, the record clearly indicates that in the earlier complaint, the respondent had expressly sought and secured leave for preferring a second complaint with regard to his claim of interest. This was expressly noticed by the District Forum in its order dated the 3lst of October, 1991 in the following terms: "Since than Escorts Limited has issued one refund cheque of Rs. 540/- in his favour and now the same has been collected by the complainant from this office and stated that he does not want to proceed with the case and if need be he would file a separate case for the balance of interest amount. The case is accordingly consigned to the records."

In views of the above, it is somewhat plain that not the least grievance can be rested on this score. For the foregoing reasons, this appeal is hereby dismissed with costs which are assessed at a modest sum of Rs. 200/- only. Appeal dismissed.