RAMCHANDRA BABYA GORE vs GAJANAN SHANKAR PATIL

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties.

APPELLANT is the original O.P. and respondent is the original complainant. (For brevity''s sake, parties will be herein-after referred to with their status in the complaint in this judgment.) O.P. has filed this appeal against the order dated 7.5.2003, whereby District Forum has proceeded to make the award against the O.P., ordering to refund sum of Rs. 1,05,000/- to the complainant being the amount received from the complainant towards the consideration of the vehicle which O.P. agreed to sell.

District Forum has held the O.P. having indulged in unfair trade practice, as also failed to deliver the truck despite receipt of the consideration. It is noticed that the O.P. was duly served, but he did not file any written statement.

AS the case and claim of the complainant as set out in the complaint remained unchallenged and uncontroverted and as the District Forum was satisfied on the documentary proof tendered by the complainant that the award has been made. Award has been passed on 7.5.2003, whereas appeal herein has been filed on 22.1.2004. There is delay of nearly 235 days in filing the appeal. In Misc. Application No. 161/2004 filed by the O.P. seeking condonation of delay, it is stated that he was unwell and suffering from jaundice and certificate of Dr. R.P. Girase has been produced. We have perused the said certificate, as also averments in the application and at the outset, both are vague and do not furnish the particulars as it should be.

THAT being so, we hold that delay in filing the appeal has not been explained. This itself would be the ground for disposal of the appeal. However, on behalf of the appellant request is made that the interest which is awarded @ 9% being on higher side be reasonably reduced. As a matter of sheer indulgence, although we are proceeding to retain the order of the District Forum, we are reducing the rate of interest of 9% p.a. to 5% p.a. by slightly modifying the impugned order of this appeal. ORDER Appeal is partially allowed to the extent as under : 1. Award of the District Forum for refund of sum of Rs. 1,03,000/- to the complainant stands confirmed. However, rate of interest of 12% p.a. and 9% p.a. as awarded has been reduced to 5% p.a. 2. Rest of the award also remains unchanged. 3. As a matter of indulgence, we are providing 4 months'' time from today to the appellant for compliance of the impugned award of the District Forum as modified by us in this appeal. 4. Appel along with Misc. Application Nos. 161 and 162 of 2004 stands disposed of. 5. Since we have granted 4 months'' time to the O.P./appellant for compliance of the award, execution proceedings adopted by the complainant before the District Forum to stand suspended till the said period i.e., upto 31.7.2004. 6. Copies of the order herein to be furnished to the parties.

Appeal partly allowed.