K.B.LAL MATHUR vs ANDHRA PRADESH SCOOTER LIMITED

THIS disposes of the application filed by Shri K.B.L. Mathur of Delhi under Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) claiming compensation from the respondent - Andhra Pradesh Scooter Limited, Medak (A.P.) on the ground that the latter indulged in unfair trade practice.

THE applicant had stated in his compensation application that he had booked a PL 170 Scooter with the respondent in October, 1985 depositing Rs. 500/-. THE applicant later on cancelled the registration and requested the respondent to refund the advance money. THE respondent in its letter dated 10.12.1996 stated that the advance money would be refunded in about three months'' time. THE respondent has failed to return the advance till the date of filing of the compensation application. Since the respondent failed to file a reply, the proceedings against it were set ex parte by the Commission on 15.1.1999. THE applicant thereafter filed an affidavit of his evidence reiterating the averments made in the compensation application. Since the respondent absented itself on the date of hearing of the final arguments despite intimation, we gave a hearing to the applicant who advanced ex parte arguments in this case. Since the respondent has not filed any reply to the Notice of compensation application and has also remained absent during the hearings of the case in the Commission despite intimation, the case pleaded by the applicant in his compensation application has to be taken as proved in accordance with the provisions of the Order VIII, Rules 5 and 10 of the Code of Civil Procedure, 1908. The action of the respondent in not refunding the booking advance after admitting its receipt and promising to refund the same within three months amounts to unfair trade practice within the meaning of the Section 36A of the Act. The applicant who has been deprived of the booking advance as well as its use all these years has suffered loss and damage due to this.

In the premises, we hold that the respondent has indulged in unfair trade practice and direct that it shall refund to the applicant the booking money of Rs. 500/- alongwith 18% interest from the date of deposit till the date of refund. We further direct that the respondent shall give effect to this order within eight weeks from the date of its receipt and file an affidavit of compliance within four weeks thereafter. There is no order as to costs. Application disposed of. _____________