V.K.Date, Member UNIQUE AUTOMOBILESAppella vs DATTAJIRAO DNYANU SAWANT

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocates for both the parties. (For brevitys sake appellants/Orgl. O.Ps. and respondent/Orgl. complainant in the aforesaid complaint hereinafter are referred to as such).

THE O.Ps. are appellants in this appeal who have taken exception to the order dated 1.8.2002 passed by the District Forum, Sangli, ordering them to refund the amount of Rs. 30,000/- paid by the complainant towards booking of tractor which the complainant wanted to purchase by raising Bank loan. However, the tractor was not delivered and hence the complaint was filed.

Before the District Forum, the O.Ps. pointed out that the complainant paid only Rs. 30,000/- as against the price of Rs. 4,22,850/- and he expected the delivery of the tractor with payment of such a meagre amount which was not possible to do.

IT is further pointed out that the complainant was to raise loan from the Bank which he did not get and he informed this on 21.11.2001. That being so, it is asserted on behalf of the appellants/O.Ps. that the O.Ps. cannot be held responsible and as such deficient. We have considered the rival contentions of the parties and by and large the order of the District Forum for refund of Rs. 30,000/- by O.P. to the complainant is fair and reasonable needing no interference.

HOWEVER, the award of interest of 12 % p.a. and at 18% p.a. for non-compliance within the stipulated period appears to be on higher side and as such not reasonable also. In our view it was the fact that the complainant himself did not arrange the loan amount. We modify the impugned order accordingly. ORDER 1. Order of the District Forum for refund of Rs. 30,000/- stands confirmed. 2. Order of cost of Rs. 500/- also stands confirmed. 3. Order of District Forum for payment of interest however stands set aside. 4. No order as to cost. 5. We direct the District Forum, Sangli to release the sum of Rs. 30,000/- paid by the appellants/O.Ps. deposited as per our interim order passed at the stage of entertainment of the appeal herein at the admission stage as condition of grant of stay at the execution of the impugned order be released to the complainant towards part satisfaction of award of District Forum as modified by us in this appeal. 6. We are granting four weeks time from today to the O.Ps. for compliance of the remaining part of the order. 7. Office to furnish copies of the order to the parties. Appeal partly allowed.