FIAT INDIA PRIVATE LIMITED Vs. PARVEZ HAMID

JUDGEMENT

(1.) This order will govern the disposal of R.P. Nos. 2735/2005, 2736/2005, 2737/2005, 2738/2005, 2739/2005, 2740/2005, 2741/2005, 2742/2005, 2743/2005 and 2744/2005 which arise out of identical orders dated 8.4.2005 of M.P. State Consumer Disputes Redressal Commission, Bhopal dismissing Appeal Nos. 1446/2004, 1447/2004, 1448/2004, 1449/2004, 1450/2004, 1451/2004, 1452/2004, 1453/2004, 1458/2004 and 1459/2004 against similar orders dated 24.5.2004 of a District Forum with the modification that rate of interest will be 9% per annum and interest will be payable from the date of filing of complaints. The District Forum had directed the petitioner/opposite party No. 1 to refund the booking amount of Rs. 21,000 with interest @ 12% per annum w.e.f. 3.4.1997, the date of cancellation of bookings in each complaint.

(2.) Allegatins made in all the complaints except the names of complainants, were similar. Pleas taken in written versions filed by the petitioner were also identical. Complaint out of which R.P. No. 2735/2005 arises was filed, inter alia, alleging that complainant/respondent No. 1 had booked a UNO car manufacutred by Premier Automobiles Ltd. (PAL) with Noserwan and Company Ltd., respondent No. 2/O.P. No. 2-dealer on 1.2.1996 and deposited amount of Rs. 21,000 through a demand draft. By the letter dated 3.4.1997 the respondent sought the cancellation of booking and refund of deposited amount of Rs. 21,000. Along with that letter the receipt and priority card were also sent. Respondent No. 1 learnt that PAL had been taken over, by petitioner-O.P. No. 1-company. On said amount not being refunded despite letters and notice, alleging deficiency in service, complaint was filed claiming refund of the said amount with interest @ 18% p.a. from date of booking, Rs. 10,000 by way of compensation for mental agony and cost. In the written statement filed by petitioner the booking of UNO car with PAL on 1.2.1996 and making payment by a demand draft of Rs. 21,000 through respondent No. 2 were not disputed. However, it was alleged that complaint is bad for non-joinder of Premier Automobiles Ltd. Complaint was alleged to be not disclosing a consumer dispute. It was further alleged that. under the Assignment Deed dated 30.3.1998 executed between India Auto Limited (now the petitioner) and PAL, the former took over the business of manufacturing and selling of UNO cars by the later. Under Assignment Deed the petitioner bookings which were live as on 29th Sept., 1997. Since the booking in this case was cancelled on 3rd April, 1997, it was the sole liability of PAL to pay the booking amount.

(3.) There is delay of 92 days in filing revision petitions for which the petitioners have filed separate applications for condoning that delay.