NCDRC

NCDRC

RP/3812/2006

SHRI BAL KISHAN GUPTA - Complainant(s)

Versus

INDIA TRADE PROMOTION ORGANISATION AND ANR. - Opp.Party(s)

MS. SUCHI SMITA BHUYAN

16 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3812 OF 2006
 
(Against the Order dated 14/08/2006 in Appeal No. 1888/2001 of the State Commission Delhi)
1. SHRI BAL KISHAN GUPTA
SHRI CHITRU PRASHAD GUPTA
PROP OF, M/S. NILACHAL MANUFATURE T-219. GENEDRA
PAHARGANJ NEW DELHI
...........Petitioner(s)
Versus 
1. INDIA TRADE PROMOTION ORGANISATION AND ANR.
A GOVT OF INDIA ENTERPRISES
NEW DELHI
-
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MS. SUCHI SMITA BHUYAN
For the Respondent :
Mr.Rajinder Wali, Advocate

Dated : 16 Nov 2010
ORDER

          Respondent, India Trade Promotion Organization, arranges trade fair in foreign countries and invites applications with fees for allotting space.  One such fair was organized by the respondent from 6th to 8th September 1997 in Paris.  Petitioner/complainant deposited fee of Rs.50,000/- along with an application on prescribed form on 19.8.1997 and further amount of Rs.85,000/- by banker’s cheque on 27.8.1997.  He was allotted a space vide letter dated 15.7.1998.  Petitioner was not issued the VISA, aggrieved against which, the petitioner filed complaint before the District Forum alleging that responsibility for recommending issuance of VISA was of the respondent and since the respondent did not do so within time, the petitioner could not get the VISA.  Petitioner prayed for refund of the amount paid by it along with interest and adequate amount of compensation.

          District Forum allowed the complaint and directed the respondent to refund the sum of Rs.1,39,000/- with interest at the rate of 9% per annum with effect from 27.8.1997 till realization along with costs of Rs.3,000/-.

          Aggrieved by the order passed by the District Forum, the respondent filed appeal before the State Commission. 

State Commission partly allowed the appeal and directed the respondent to pay Rs.1,35,000/-, which was deposited by the petitioner as against Rs.1,39,000/- awarded by the District Forum, along with costs of Rs.3,000/-.  Direction to pay the interest was set aside as there was no agreement between the parties to pay the interest on the aforesaid amount. 

Being aggrieved, petitioner has filed the present Revision Petition.

The amount paid by the petitioner for booking the space in Paris has already been refunded to the petitioner on 10.10.2006 along with litigation cost.  We agree with the view taken by the State Commission that the petitioner was not entitled to any interest, as there was no agreement to that effect between the parties.  No merits.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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