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Judgment
THE Punjab and Haryana High Court, Chandigarh through its Registrar placed an order for purchase of seven Ambassador motor cars at the end of the financial year which was closing on 31.3.1995. THE two demand drafts for Rs. 7,76,400/-and Rs. 5,82,300/-dated 31.3.1995 were deposited with the respondents. However, when the cars were received at Chandigarh in July, 1995 only four were accepted and the remaining three were not found fit at the pre-delivery inspection. THEre were about 14 defects in these vehicles which have been enumerated in the letter dated 27.7.1995 (Annexure C-4). THE gear boxes of the three motor cars were found leaking and it appeared as if those were tampered with prior to the stage of pre-delivery. THE air-filters of the motor cars were found rusted and the cover of the air-filters did not fit in with the base of the filter. THE dynamo and self etc. were also found unworkable. THE complainant prayed for refund of the price and interest @ 18% per annum on account of deficiency.
A copy of letter dated 12.4.1996 from M/s Hindustan Motors Ltd., the respondent addressed to the complainant has been placed on record and it contains an offer of new Ambassador 1800 ISZ-BE-Cross Ply Tyres, Plain Glass Cars. It appears that the complainant may receive three Ambassador motor petrol cars provided interest @ 18% per annum, on the deposit for the period 19.12.1995 to 10.5.1996 which comes at Rs. 46,362/-is also remitted by the respondent. It is a case where there was deficiency on the part of the supplier qua the consumer. After considering the facts and the letter dated 12.4.1996 referred to above and the endorsement of the complaint No. 11633/-Genl./L.53 dated 18.5.1996, it is ordered that respondents shall pay interest on the deposit of price @ 18% per annum for the period 19.12.1995 to 10.5.1996 which comes to Rs. 46,362/-. This payment is to be made within 15 days of this order, failing which the complainant shall be entitled to further interest @ 18% per annum w.e.f. 11.5.1996 till realisation. The complainant is entitled to costs Rs. 2,000/-.
Announced. The order be communicated to the parties free of charge. Complaint allowed with costs. _____________