CITY MUNICIPAL COUNCIL Vs. S A LATEEF

JUDGEMENT

(1.) THE appeal is filed against the order of the Civil Judge (Sr. Dn. J, Kolar in O. S. No. 6/98.

(2.) THE appellant is the defendant. The respondent-plaintiff filed a suit for recovery of money in a sum of Rs. 2,10,275-50 with costs and interest. The defendant had invited tenders towards supply of pump sets. The plaintiffs tender is accepted. Accordingly, the plaintiff supplied' the pump sets on 22-3-1993. A sum of Rs. 3,13,000-00 was paid towards the part of the value of the pump sets and the balance of Rs. 2,10,275-50 remained unpaid. The petitioner got issued legal notice. Later on filed a complaint before the District consumer Forum, Kolar in complaint No. KOF/ comp/6-95. The complaint was allowed and defendant was directed to pay the balance amount. In the appeal, the State Commission by its order dated 16-1-1996 held that the subject matter of dispute is not governed by the Consumer Protection Act and gave liberty to the plaintiff to approach Civil Court. Accordingly suit is filed.

(3.) THE defendant contends that the pump sets supplied are defective. As per the agreement MICO sets were to be supplied, whereas the plaintiff supplied Rolex company sets and they are substandard. It is also stated that the plaintiff undertook to replace with the pump sets of MICO Company and failed to do so; therefore disputes the liability to pay the suit claim. It is contended that Section 14 of the Limitation Act will not apply and the suit is barred by time. Hence, pray for dismissal of the suit. The trial court decreed the suit claim with interest at the rate of 12% per annum from annum from the date of transaction till payment. Accordingly, appeal is allowed in part. Order accordingly.