PREMIER AUTOMOBILES LTD Vs. HIRALAL JAIRAM THACKER

JUDGEMENT

(1.) COUNSEL appearing for the Revision Petitioner is well founded in his submission that the dispute in this case relating to alleged delay in payment of interest on the amount deposited with the Revision Petitioner herein by the Respondent as advance price for the car cannot constitute the subject matter of adjudication under the Consumer Protection Act, 1986, inasmuch as the contract was only one for sale of goods and there has been admittedly no defect in the goods inasmuch as there is no allegation at all that there was any defect in the goods supplied to the respondent, namely, the car. There was no arrangement of rendering of service for consideration as between the respondent and the revision petitioner herein and hence no question of deficiency in service can arise. If there was a term in the contract of sale for payment of interest on the amount deposited as advance price and any delay has been committed in respect of the said subject matter the remedy of the party lies in approaching the Civil Court. The orders passed by the District Forum and the State Commission are accordingly set aside and the Revision Petition is allowed. There will be no order as to costs. Petition allowed.