CHIKKA NANJUNDAPPA Vs. MANAGER WEBBS FARM MECHANISATION P LTD

JUDGEMENT

(1.) The complainant placed an order for supply of M. F.1035 Tractor with drum breaks for Rs.1,88,297.60 by paying to the Respondent a Demand Draft for that sum on 22.3.1991. According to the agreement, the tractor was to be delivered by the Respondent within about 3 to 5 weeks from the receipt of payment. So the respondent was required to deliver the tractor on or before 29.4.1991. Today the Learned Counsel for Respondent stated that the tractor is ready and if the complainant pays the extra amount which is due to increase of price, they are prepared to deliver the tractor today only. He also stated that the tractor was ready for delivery on 25.6.1991 and if the complainant had paid the amount of price increase of Rs.7,000/- the tractor would have been delivered to him. The learned Counsel for complainant states that he has to contact his client and then ask him to take delivery of the tractor. So it might take some time to take delivery of the tractor. For the duration beyond 29.4.1991 till 25.6.1991, we think it proper to direct the respondent to pay interest at the rate of 12% p. a. on Rs.1,88,297.60. As per condition, the price prevailing on the date of delivery has to be paid by the complainant and so he has to pay the price prevailing on the date of delivery. As we are awarding interest on the said amount paid by the complainant, he is not entitled to any other compensation claimed by him. In the result, the complainant shall pay the excess amount of price of Rs.7,000/-, after deducting the interest payable on Rs.1,88,297.60 from 29.4.1991 to 25.6.1991 at the rate of 12% p. a. and take delivery of the tractor at any time from today. The Respondent shall deliver the tractor to the complainant immediately after receiving from him the difference of amount as stated above. Parties to bear their own costs.