KANTILAL SANGHVI-s/ vs CHAIRMAN And MANAGING DIRECTOR SIPANI AUTOMOBILES LTD.

THIS is an appeal by the original complainant who had booked a car with the respondent opponent. The car was not delivered for a long time and, therefore, he filed a complaint and prayed for return of money with Bank interest, from the date of payment till the amount is paid. The opposite party remained absent before the District Forum. The District Forum passed order for return of money deposited with running interest @ 18% from the date of cancellation till the date of payment and has awarded Rs. 1,000/- only as damages. Being aggrieved by this decision, the original complainant has filed this appeal.

THE only question that requires to be decided is as to whether the complainant is entitled to the interest from the date of payment or from the date of cancellation. In the instant case, as alleged, the car has not been manufactured at all, for a long time with the result that the prices have gone high and the complainant had to cancel the order, because the contract was not executed by the opposite party. In our opinion in such circumstances when the opposite party has made a default in delivering the car and in consequence thereof, if the complainant has to cancel the order in order to get back his deposit, he is entitled to the interest not from the date of cancellation but from the date of deposit. Again, it may also be noted that a cheque has been sent by the respondent-opposite party in accordance with the judgment of the District Forum and that cheque has also been dishonoured. That shows that the opposite party is not carrying its business in a commercial way. We are, therefore, of the opinion that the complainant is entitled for damages exceeding Rs. 1,000/- and damage of Rs. 1,000/- is not an appropriate damage. We, therefore, partly allow the appeal and pass the following order. ORDER The respondent shall pay Rs. 10,000/- deposit paid by the complainant together with 18% interest from the date of payment till the date of realisation. The respondent will also pay Rs. 2,000/- by way of pain and suffering to the complainant The respondent will also pay the cost for complain as well as the appeal which we quantify at Rs. 500/- in each Court. The aforesaid amounts shall be paid within 4 weeks from the date of receipt of this order. Appeal partly allowed.