State Consumer Disputes Redressal Commission
Dr. K.V. Thomas vs M/S. Fiat India Private Limited, on 31 July, 2012
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/11/689 (Arisen out of Order Dated 28/06/2011 in Case No. CC/09/547 of District Ernakulam) 1. K.V.THOMAS WHITE HOUSE,VAIKKOM,AMULY STREET ERNAKULAM KERALA ...........Appellant(s) Versus 1. FIAT INDIA PVT LTD BANDRA KURLA COMPLEX,BANDRA EAST MUMBAI MAHARASHTRA ...........Respondent(s) BEFORE: SRI.M.K.ABDULLA SONA PRESIDING MEMBER Smt.A.RADHA MEMBER PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.689/11
JUDGMENT DATED : 31/07/2012
PRESENT:
SHRI. M.K. ABDULLA SONA : HON. ACTING PRESIDENT
SMT. A. RADHA : MEMBER
Dr. K.V. Thomas, White House,
Koottiparambil House, Vaikom. : APPELLANT
(By Adv. P. Rajmohan)
Vs
M/s. Fiat India Private Limited,
Rep. by its Managing Director,
(Formerly known as the Premier-
Automobiles Limited) : RESPONDENT
Level No.1, Regus Trade Centre,
Bandra, Kurla Complex,
Bandra East, Mumbai - 40005.
(By Advs. C.G. Sunil & Others)
JUDGMENT
SHRI.M. K. ABDULLA SONA : HON. ACTING PRESIDENT This appeal preferred by the appellant/complainant in CC No.547/09. The respondent is the opposite party in the above mentioned CC. The appellant prefers this appeal under the order of the Forum below that directed the respondent is to be refunded an amount of Rs.21,000/- along with the interest @18% p.a from 24.04.1996 till the date of payment.
2. This is a dispute raised from the booking of a Uno Car by the appellant/complainant. He deposited Rs.21,000/-. But he did not deliver any Uno car or refund the amount with interest as mentioned in the agreement. The complainant is entitled to get 12% interest after the condition of 2 years, hence the appeal.
3. The opposite party contended that the complaint is barred by limitation and the complaint is not maintainable before the Forum below by as per the Act the Forum is not having the territorial jurisdiction to entertain this complaint.
4. His main grievance is that he wants to get 18% interest for the amount. The opposite party argued that the money already disbursed to him. He established such a prayer later. But we are seeing that as per the documents provided by the opposite party as Exts.A1 to A6, they promised to give 12% interest to the complainant even after over of 2 years. In the circumstance, there is no doubt that he is entitled to get 12% interest after 2 years of the deposit of the amount Rs.21,000/- which was not disbursed.
In the result, we allowed this appeal in part and modified the order passed by the Forum below and the interest rate is modified as 9% interest till the date of booking of the vehicle to the condition of 2 years. Then after the complainant is entitled to get 12% interest till the date of realization of the order passed by the Forum below. This appeal is disposed accordingly. The result portion of the order passed by the Forum below is modified accordingly. Hence we do so.
M.K. ABDULLA SONA : HON. ACTING PRESIDENT A. RADHA : MEMBER Da [ SRI.M.K.ABDULLA SONA] PRESIDING MEMBER [ Smt.A.RADHA] MEMBER