1. AN aggrieved applicant, Shri Sunil J.R. Midha of Delhi (applicant in brief) filed a composite application under Section 36B(a) and 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (the Act in brief) alleging indulgence of the Premier Automobiles Ltd., Bombay (respondent in brief) into unfair trade practices and seeking compensation for the loss suffered by him. The notice of the said application was issued under Section 12B of the Act to the respondent returnable on 8.10.1998.
2. THE facts of the case as contained in the composite application are enumerated below :
The applicant booked ''Uno'' Car from the Premier Automobiles Ltd., Mumbai through its agent - M/s. Vivek Automobiles Ltd., Delhi vide Application Form No. 390908 dated 15.2.1996. At the time of booking, the complainant/applicant availed a loan of Rs. 20,160/- from M/s. Dabur Finance Ltd., vide DFL Loan No. 4197. In all, he deposited Rs. 21,000/- towards the booking. The respondent allotted Priority No. 09/007690 vide its receipt-cum-priority card, which is on record of the case. However, upon allotment of the priority number, the complainant/applicant repaid the entire loan as aforesaid to M/s. Dabur Finance Ltd., vide D.D. No. 56067 for which Receipt No. 541 dated 18.5.1996 was issued by M/s. Dabur Finance Ltd. As per the second option i.e., "Refund of Advance on Cancellation of Booking" ticked by the complainant/applicant, he was entitled to cancel the booking. The applicant after about 1 year 8 months requested the respondent to cancel his booking vide his application dated 1.10.1997 by enclosing receipt-cum-priority card stamped and duly signed and also enclosing the receipt of repayment of loan to M/s. Dabur Finance Ltd. The complainant also placed on record the A/D card duly stamped and signed bearing date 20.10.1997 by the respondent in token of the receipt of the aforesaid application of the complainant for cancellation of the booking. Till date, the respondent has not refunded the booking amount of Rs. 21,000/- alongwith interest and is illegally withholding the same. Left with no other alternative, the applicant approached this Commission vide his aforesaid application seeking compensation for the loss suffered.
The respondent inspite of two registered notices did not put in its appearance in the Commission on the fixed dates. Since the respondent was absent on 10.9.1998 also, the proceedings against it were set ex parte.
3. THE applicant filed his affidavit in evidence alongwith supporting documents on 21.12.1998 reaffirming his stand taken in the compensation application and the case was fixed for ex parte final arguments.
We have heard the ex parte final arguments advanced by Mr. J.R. Midha, the complainant/applicant.
4. ON analysis of the material on record and the ex parte arguments advanced by the applicant, we found that this is a case of non-rebuttal. Since the respondent has neither responded to the notice nor put in its appearance in the Commission and as per documents on record, it is withholding the booking amount of the applicant, we hold that the respondent''s action of withholding the money of the applicant without making any steps to refund the same tantamounts to unfair trade practices within the meaning of Section 36A of the Act. In the similar circumstances in the case of C.A. No. 271/98, the Commission has held that "in view of the relevant provisions contained in Order VIII, Rules 5 and 10 of the C.P.C., the case pleaded by the applicant in his Composite Application will have to be accepted qua the booking amount with interest."
In view of the above, I direct the respondent to refund the amount of Rs. 21,000/- to the applicant alongwith interest @ 18% p.a. from the date of deposit till the same is refunded to him.
The respondent is directed to pay the aforesaid amount within 6 weeks from the date of this order and file an affidavit of compliance within 2 weeks thereafter, which shall not be later than 8 weeks from the date of this order. A copy of this order shall be sent to both the parties by RPAD. Application disposed of.
