VED PRAKASH vs Rajbir Singh

THE appellant is a dealer in furniture. THE respondent booked an order with the appellant for one pair of Sissoo wood and one moulding on 18.3.1997 and paid Rs. 6,500/- as advance money. Neither were the goods delivered nor the advance money was refunded to the respondent. THE respondent approached the District Forum and obtained impugned order dated 18.11.1997 directing the appellant to either deliver the goods or refund the booked amount with 18% interest and also pay compensation of Rs. 1,000/- towards harassment.

FEELING aggrieved by the aforesaid order the appellant has directed this appeal. The contention of the Counsel for the appellant is that impugned order was passed in his absence as he was proceeded ex parte and the allegation that the booked amount has not been refunded is incorrect. We do not find any merit in this contention as the respondent has produced a receipt of Rs. 6,500/- received from the appellant as advance money whereas the appellant has failed to show any documents that he had refunded the amount or had delivered the goods booked by the respondent.

We do not find any merit in this appeal but show indulgence by reducing the rate of interest from 18% to 9%.

THE appeal is disposed of in above terms. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. THE FDR deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal disposed of.