Consumer Complaint No.16/1999 Date of Order: 30/11/2009

Ghadge Food Industries

A-7, Charak Society

Murari Ghag marg, Prabhadevi

Mumbai 400 025 ……Complainants

V/S

1. Pal Peugeot Ltd.

Kalyan Shill Road, Dombivali

Manpada, Pin code 421 204

Dist.Thane

2. Starline Automobiles Ltd.

Tardeo Main Road,

Mumbai 400 034 ……. Opposite parties



Quorum : Justice Mr.S.B.Mhase, Hon'ble President

Mr.S.R.Khanzode,Hon’ble Judicial Member.



Present: Mr.Pankaj Deokar-Advocate for the complainant.

:- ORAL ORDER :-

Per Justice Mr.S.B.Mhase, Hon’ble President:

Heard Mr.Pankaj Deokar-Advocate for the complainant. Complainants had booked on 26/10/1995 car with O.P. no.2. O.P.no.1 is the manufacturer of the said car. O.P.no.2 is the dealer. In spite of booking of the said car, car was not delivered even though complainants were ready to pay balance amount and, therefore, complainants have filed this complaint for return of Rs.25,000/- booking amount along with interest @ 9% p.a. thereon and Rs.10,000/- as expenses incurred for following up by their demand for the refund the said amount. Complainants have claimed Rs.6 lakhs by way of damages for the financial loss and psychological disturbances caused to the complainant as stated in Exhibit D.

In spite of service, opponents have not appeared in the matter. They have not filed reply. The amount is paid by the complainant by Demand Draft as is reflected from the booking form. Since the vehicle has not been given to the complainant O.Ps are jointly and severally liable to return the amount of Rs.25,000/-. Said amount has been utilized by the opponents from the date of booking i.e. from 26/10/1995. Therefore, complainants are entitled to get interest over the said amount @ 9% p.a. So far as damages of Rs.10,000/- which complainant is demanding for following up for the refund the said amount, etc. there is no proof except one letter to the company and for the said purpose we grant him expenses of Rs.50/- only.

So far as other claim of Rs.6 lakhs is concerned, except booking nothing has been done in the present matter and, therefore, we are not in favour of granting any amount. No evidence in respect of financial loss or psychological disturbances has been produced on record. Hence we pass following order:-

ORDER

1. The complaint is partly allowed.

2. Opponents are directed to pay amount of Rs.25,000/- with interest @ 9% p.a. from 26/10/1995 till payment of the amount.

3. Opponents are directed to pay Rs.50/- to the complainants by way of cost for following up return of the said amount.

4. Rest of the claims are rejected.

5. Complaint stands disposed of.

6. Copies of the order be furnished to the parties.