VIRA AGENCY Vs. PAL PEUGEOT LTD

JUDGEMENT

(1.) The Forum dismissed the complaint petition ex parte with opportunity to the complainant to approach the Civil Court for redressal. Being aggrieved thereby the complainant, a partnership firm, has approached this Commission in appeal.

(2.) The complainant paid advance of Rs.25,000.00 to opposite party No.1 through opposite party No.2 and booked a Pal Peugeot 309 Car. The opposite party made delay in supplying the car and so the complainant cancelled the booking by letter dated 7.6.1997 and demanded refund of the booking amount together with interest. Since the money was not refunded the present complaint petition has been filed.

(3.) It appears that the Forum observed that since the purpose of purchasing the car was for commercial purpose, the claim for refund of money cannot be entertained. This finding of the Forum has been assailed in appeal. It may be mentioned that the complainant is M/s. Vira Agency. It is a partnership firm and the individual partners constituting the said firm are its owners. The learned Counsel for the appellant submits that the Forum was not justified in dismissing the complaint solely on the ground that the firm wanted to purchase the car for commercial purpose. According to him it is too much to presume that the car was proposed to be used for commercial purpose. He submits that the car may be used for the partners. We notice that there is no material to show that the car was proposed to be used for commercial purpose. Therefore, we think that the Forum was not justified in dismissing the complaint petition at the threshold. The complainant has paid an advance of Rs.25,000.00 as booking money for the car. Since there was delay in making delivery of the same the complainant wanted to get the money back. But it was not refunded. The opposite parties though duly summoned do not appear to answer the claim. So we think that it will be quite unjust to refer the complainant to Civil Court to seek redress after the lapse of so many years. So we think that the claim should be allowed which we hereby do. The appeal be allowed and the impugned judgment be set aside. The complainant would get a decree for the sum of Rs.25,000.00 against the opposite parties and the later would make the payment of the same to the complainant together with interest @ 10% per annum from the date of cancellation of booking till the date of payment. The aforesaid payment is required to be done within a period of one month from this date. The appeal be disposed of as such. Appeal allowed.