NCDRC

NCDRC

RP/2011/2010

VISHWAS M. ATTAVAR - Complainant(s)

Versus

LINKWAY HONDA - Opp.Party(s)

M/S. SAVLA & ASSOCIATES

02 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 2011 OF 2010

(Against the Order dated 19/01/2010 in Appeal No. 67/2008 of the State Commission Maharastra)

1. VISHWAS M. ATTAVAR 2/603, Anmol Complex, Andheri Kurla Road, Andheri (E) Mumbai - 400059 Maharashtra	...........Petitioner(s)
Versus
1. LINKWAY HONDA A Division of Auto Hanger [1] Pvt. Ltd. 35, Saki Vihar Road, Chandivali Andheri [E] Mumbai - 400072 Maharashtra	...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
	HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :

MR. JAY SAVLA, ADVOCATE MS. KANIKA S., ADVOCATE MS. SHILPI CHOWDHARY, ADVOCATE

For the Respondent :

NEMO

Dated : 02 Dec 2010

ORDER

PER MR. JUSTICE R.K. BATTA, PRESIDING MEMBER Heard Counsel for the Petitioner. The Respondent was held to be deemed to be served by order dated 15.9.2010. In the meantime, the acknowledgement due has been received from the Respondent which means that the Respondent was actually served. However, the Respondent did not put in appearance and the matter was adjourned for today for final disposal at the admission stage itself and for this purpose a fresh notice was issued to the Respondent by Regd. A.D. on 22.9.2010. More than 30 days have elapsed, neither registered envelope nor AD card have been returned back. Therefore, we hold that the Respondent has been served with the notice. In this revision limited notice was issued to the Respondent in relation to payment of 9% interest for the period from 10.1.2007 to 9.3.2007. The Petitioner had deposited a sum of Rs.18,26,203/- with the Respondent and the delivery of the car was to be given on 10.1.2007. However, the delivery of car was delayed till 9.3.2007. For this period, the Petitioner claims interest on the amount which was deposited. We would like to point out that the Respondent had neither appeared before the District Forum nor before the State Commission. The Respondent has also chosen not to appear before this Commission as well. In our opinion, even though compensation of Rs.20,000/- has been awarded, in the facts and circumstances of the case, the Petitioner is entitled to 9% interest on the sum of Rs.18,26,203/- deposited by the Petitioner with the Respondent from 10.1.2007 when the car was to be delivered till 8.3.21007 since the car was delivered on 9.3.2007. The revision petition is, therefore, partly allowed and the Petitioner is entitled to receive interest @ 9% p.a. on Rs.18,26,203/- from 10.1.2007 to 8.3.2007. The revision petition stands disposed of accordingly with no order as to costs.

......................J

R.K. BATTA

PRESIDING MEMBER

......................

VINAY KUMAR

MEMBER